Date: Sun, 4 Sep 2005 11:53:44 -0700
Reply-To: Jim Arnott <jrasite@EONI.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Jim Arnott <jrasite@EONI.COM>
Subject: Re: Estimates for service - is it not the law in all states?
In-Reply-To: <HLEOIDHOBDDMFNGNDPOKMEDJCEAA.al_knoll@pacbell.net>
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Having moved from the People's Republik of Kalifornia to The Beaver
State (gotta love the name...) in 1994 and being in the automotive
repair business at the time, I was shocked to see Oregon's lack of
consumer protection. Basically, Oregon has none. My customers were sort
of taken aback at my insistence that they sign a written estimate and
were even more amazed when I held myself to the Kalifornia standard of
refusing to exceed that estimate without written authorization. They
were further astounded when I would present them with the parts I had
replaced on their vehicles.
IMHO, all state governments should take a close look at California's
Bureau of Automotive Repair. Their regulations remove much of the
ambiguity from auto repair. Those regulations cover both the wrench and
the customer and level the playing field.
Jim
On Sunday, September 4, 2005, at 09:29 AM, Pensioner wrote:
> California of course has such a law. In the state of Washington, the
> law is very similar. You must be presented
> with a estimate which then becomes the contract for the work to be
> performed. Your signing of that estimate is the contract execution to
> have the work done. It can be interpreted that if there is no
> contract, the cost of the labor to the consumer is zero, as he did not
> contract to have that labor performed. Parts of course are not
> covered and must be paid by the consumer.
>
> So if in WA you have work done on your car, the registered shop
> neglected to provide you with a written estimate which you signed
> before work began, your obligation to pay for the labor part of the
> work is unsubstantiated although the parts are your responsibility.
>
> The shop cannot by law hold your car or file a lien for the labor as
> there was no contract for the work done.
>
> Interesting, but not unusual. If you contract for work to be done on
> your house, via a contractor, who provides you with an estimate which
> you sign, you have an obligation to pay for that work when it meets
> the contractual specification.
>
> If the contractor fails to provide such a document...Q.E.D.
>
> To find out the requirements for having a licensed shop work on your
> car, you should peruse the state's DMV or similar web pages or contact
> your auto club or the state consumer protection office. Make a copy
> of the rules and carry one in your car. Shows the shop that you are a
> knowledgeable consumer and concerned about your side of reputable
> business dealings.
>
>
"We need a revolution."
"Keep saying that and we'll need a lawyer, assuming they let us have
one."
Jan Steinman <www.Bytesmiths.com>
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