La loi vos droits

Consumers - Consumer contracts

Automobile and motorcycle repairs

Car and motorcycle repairs are an expense we’d all like to avoid. Often, such repairs can cost an arm and a leg. You may suspect that the mechanic is taking advantage of you by performing unnecessary repairs and overcharging you for them. If you’re not “mechanically inclined”, take some comfort in knowing that the law provides tools to help you protect yourself.

In this Infosheet, Éducaloi explains the rules in the Consumer Protection Act that apply to automobile mechanics.

Do I have a right to a written estimate?

By law, mechanics must give you a written estimate before carrying out any repairs of over $100. Not all mechanics offer free estimates. Some mechanics charge for this service. If a mechanic wants you to pay for an estimate, he must tell you its cost in advance.

You can release a mechanic from his right to provide an estimate if you sign a waiver to that effect. Estimates are not required when the repairs are done for free, which is often the case for vehicles still covered under warranty.

What information must an estimate contain?

An estimate must contain the following information:

• 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. Sometimes, while carrying out the repairs, a mechanic may discover that your vehicle requires additional work not indicated in the estimate. If this work will increase the amount of the estimate, the mechanic must obtain your authorization before carrying out the work.

A consumer can ask the court to annul his contract with the merchant if the estimate does not contain the information required by law and if this lack of information has actually harmed him.

Do I have a right to a detailed bill?

Yes. After finishing the repairs, the mechanic must give you a detailed bill containing the following information:

• 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 indicated on the odometer on the delivery date;
  
• the repairs carried out;
  
• the part installed, specifying whether it is a new, used, re-tooled or reconditioned part;
  
• the number of hours of labour billed, the hourly rate and the total cost of labour;
  
• the amount of provincial and federal taxes;
  
• the total amount the consumer must pay for the repair;
  
• the details of the warranty.

Are the repairs covered by a warranty?

Yes. For automobiles, repairs are covered by warranty for three (3) months or 5,000 kilometres, whichever occurs first. For motorcycles, repairs are covered for one (1) month. These warranties come into effect from the moment the vehicle is delivered.

The warranties only apply to the repairs that were carried out, not to the entire vehicle. To use your warranty, you must contact the mechanic as soon as the breakdown occurs. Don’t wait! If you want your warranty to be valid, you must contact the mechanic immediately.

Does the mechanic have a right to keep my vehicle if I refuse to pay for repairs made without my consent or without an estimate?

A mechanic does not have the right to withhold your vehicle in the following situations:

• he did not give you a written estimate before repairing the car or motorcycle;
  
• he is charging you more than indicated in the estimate. When this happens, you still have to pay the price set in the estimate;
  
• the estimate was modified with your approval, but then the mechanic charges even more than the amount that was agreed upon. If this happens, you only have an obligation to pay the price you agreed upon, not the additional amount.

Can I sue a mechanic who doesn’t respect his obligation?

Yes. You can take legal action against a mechanic who charges you an amount greater than the amount in the estimate. The Small Claims Court has jurisdiction for claims of less than $7,000.

Useful Links :

1. Office de la protection du consommateur website  [http://www.opc.gouv.qc.ca]