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Clientele : Consumers Subject : Car and Motorcycle Repairs Print date : February 7th, 2012

Consumers
Consumer Contracts
Car and Motorcycle Repairs
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Car and motorcycle repairs can cost an arm and a leg. Not only do you have to do without your vehicle, you might think the mechanic is taking advantage of your lack of knowledge to do unnecessary repairs or to overcharge!

If you suspect this is the case, you should know that the Consumer Protection Act provides some protection. People who repair cars and motorcycles have some obligations towards customers. In this Infosheet, Éducaloi explains how the law protects you.
A person who repairs a car or motorcycle must give you a written estimate before doing any repairs, if they are over $100. However, the estimate itself is not always free. If the mechanic charges for preparing an estimate, she must tell you in advance how much it costs.

If you don’t want an estimate, you can give up your right to get one by signing a document that says you don't want one.

If the repair is free (for example, it is covered by a warranty), the mechanic does not have to provide an estimate.
An estimate must contain the following:

  • your name and address
  • the merchant’s name and address
  • the make, model, and registration number of the car or motorcycle
  • the nature of the repair and its total cost
  • the part to be installed, specifying whether it is a new, used, re-tooled or reconditioned part
  • the date of the estimate and how long it will remain valid

Once the estimate is in your hands, the mechanic must respect it. Once the estimate is in your hands, the mechanic must respect it. If she discovers other work is necessary after giving you the estimate, she must get your permission to go ahead with this extra work.

If the estimate does not have all the information required by law and this caused you harm, you can ask a court to cancel the contract.
Yes. After finishing the repairs, the mechanic must give you a detailed bill with the following:

  • your name and address
  • the merchant’s name and address
  • the make, model, and registration number of the car or motorcycle
  • the date the vehicle was delivered to you
  • the number of miles or kilometres on the odometer on the delivery date
  • a description of the repairs done
  • the part installed and whether it was a new, used, re-tooled or reconditioned part
  • the number of hours of labour billed, the hourly rate and the total cost of the labour
  • the amount of provincial and federal taxes
  • the total amount you must pay
  • the details of the warranty
Yes, the repairs are covered by a warranty. For cars the warranty is for 3 months or 5,000 kilometres, whichever comes first. For motorcycles, repairs are covered for 1 month. These warranties come into effect from the moment the vehicle is delivered.

The warranties only apply to the repairs done, not to the entire vehicle! If you notice that the repairs were not properly done or did not fix the problem, the mechanic is obliged to properly fix the problem free of charge, but only if the warranty has not run out.
Normally, a repairperson can insist on payment before giving back the thing that was repaired.

However, she cannot keep your vehicle in these situations:

  • She was obliged to give you an estimate before doing repairs and did not give you one.
  • You pay the total amount requested, even if this is more than the amount in the estimate or the amount you agreed to.

You must pay the price in the initial estimate, plus the cost of any repairs you agree to after that.
If you think the mechanic didn’t respect her obligations, you can file a complaint with the Consumer Protection Office.

If you cannot reach an agreement with the mechanic and your claim is less than $7,000, you can take your case to Small Claims Court.

Depending on the circumstances, you can ask this Court for:

  • an order that the mechanic respect her obligations (e.g., repair the car)
  • permission to have the repairs done at the expense of the mechanic or the dealer
  • a reduction in what you owe
  • cancellation of the repair contract

You can also ask for money if you have suffered a loss because the mechanic did not respect her obligations. In some cases, you can also ask for an extra amount as punishment for the mechanic’s actions.

Finally, if you think you were the victim of fraud or attempted fraud, you can contact the police.
Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professional.
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