Legal Question in Consumer Law in Florida

I dropped my truck off to the dealership for four new tires, an alignment, a synthetic oil change and lifetime balance and rotation. The service man gave me a total of $670. I agreed. He wrote up a work order, I signed it, left them my keys, and agreed to pick it up later. I received a call from the dealtership later that day and they said that I also needed some shocks and strutts in addition to the work that I was having done. I asked how much would all that be and he stated $748. I said ok, go ahead. When I went back to the dealership to pick up my truck they informed me that I owed $1600 for parts and labor. I asked them why was the total so high when they told me over the phone that it would be $748? He informed me that it was $670 for the original work plus an additional $748 for the shocks and strutts. I didn't have $1600 to give them. So, since I was under the impression that I only owed $748 as he stated over the phone, and nothing was ever signed in writing, am I legally obligated to pay the entire $1600 even though they've already fixed my truck.


Asked on 11/15/10, 9:00 am

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

If the dealership did not comply with the following statute, they are out of luck.

559.905 Written motor vehicle repair estimate and disclosure statement required.--

1. (1) When any customer requests a motor vehicle repair shop to perform repair work on a motor vehicle, the cost of which repair work will exceed $100 to the customer, the shop shall prepare a written repair estimate, which is a form setting forth the estimated cost of repair work, including diagnostic work, before effecting any diagnostic work or repair. The written repair estimate shall also include the following items:

(a) The name, address, and telephone number of the motor vehicle repair shop.

(b) The name, address, and telephone number of the customer.

(c) The date and time of the written repair estimate.

(d) The year, make, model, odometer reading, and license tag number of the motor vehicle.

(e) The proposed work completion date.

(f) A general description of the customer's problem or request for repair work or service relating to the motor vehicle.

(g) A statement as to whether the customer is being charged according to a flat rate or an hourly rate, or both.

(h) The estimated cost of repair which shall include any charge for shop supplies or for hazardous or other waste removal and, if a charge is included, the estimate shall include the following statement:

"This charge represents costs and profits to the motor vehicle repair facility for miscellaneous shop supplies or waste disposal."

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Answered on 11/22/10, 11:53 am


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