2006 Code of Virginia § 59.1-207.3 - Written estimate for repair work required upon request; charge in excess of estimate; conditions; d...

59.1-207.3. Written estimate for repair work required upon request; chargein excess of estimate; conditions; display of sign required; limitations onliability for delay; exception.

A. Upon request by a customer, prior to the commencement of any repair workon a motor vehicle for which a customer may be charged more than twenty-fivedollars, every automobile repair facility doing business in the Commonwealthshall provide the customer a written statement of (i) the estimated cost oflabor necessary to complete the work, (ii) the estimated cost of partsnecessary to complete work, (iii) a description of the problem or work asdescribed or authorized by the customer, and (iv) the estimated completiontime. An automobile repair facility shall have no obligation to provide suchwritten statements prior to 10:00 a.m. or after 4:00 p.m. during a workingday.

B. Where a written estimate is requested, no repair work on the motor vehiclemay be undertaken, other than such diagnostic work as may be necessary forthe preparation of an estimate, until the written estimate has been providedthe customer and the customer has authorized the work, either in writing ororally, and no charge for repair work in excess of the written estimate bymore than ten percent or, in the case of any motor vehicle which is at leasttwenty-five model years old, twenty percent or extension of the time for thework may be made unless the additional work represented by such excess chargeor the time extension has been authorized, in writing or orally, by thecustomer.

C. An automobile repair facility may impose reasonable conditions for itsobligations to provide written estimates to a customer, including theimposition of a reasonable fee for the preparation of a written estimate andrelated diagnostic work; provided that any such conditions shall be disclosedto the customer at the time of his request by writing or by signconspicuously posted at the entrance of the automobile repair facility.

Each automobile repair facility shall display in a conspicuous place at anypoint where vehicles are normally received for repairs, a sign which statesthat:

1. The customer may receive a written estimate on request;

2. No repair work charge may exceed the written estimate by more than tenpercent unless the additional work represented by the excess charge has beenauthorized by the customer;

3. Any conditions imposed by the automobile repair facility in providingwritten estimates, such as the limited hours when written estimates will beprepared or the amount of the reasonable fee charged for preparing a writtenestimate and for related diagnostic work;

4. The facility shall offer to return all replaced parts except warranty,core charge or trade-in parts required to be returned to a manufacturer ordistributor; and

5. Any complaints can be made to the Virginia Office of Consumer Affairs.

The sign heading "Customer Rights" shall be in letters at least one andone-half inches high and the remaining print shall be in letters at leastone-fourth inch high with spacing between letters, words and lines so as tobe clearly legible.

D. An automobile repair facility shall not be liable for breach of thewritten estimated completion date for a repair if the delay is occasioned by(i) an act of God or (ii) an unexpected shortage of labor or parts or (iii)other causes beyond the control of the automobile repair facility.

E. Nothing in this section shall require an automobile repair facility togive a written estimate if the facility is unwilling to perform the requestedrepair work.

F. The provisions of this section shall not apply to the repair of any motorvehicle which is any car listed in the Official Judging Manual of the AntiqueAutomobile Club of America.

(1979, c. 506; 1995, c. 110.)