2018 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 49A. AUTO REPAIR FRAUD PREVENTION
§ 4904A. Estimate requirements for auto repair work.

Universal Citation: 6 DE Code § 4904A (2018)

(a) Written estimate and authorization requirements. — Unless waived pursuant to subsection (b) of this section by the customer or by a person the auto repair facility reasonably believes is acting on the customer's behalf, the automotive repair facility shall, before beginning any auto repair work and/or transmission repair diagnosis on a motor vehicle, give the customer a written statement which contains:

(1) The estimated completion date;

(2) The estimated price for the auto repair work including parts and labor; and

(3) The estimated surcharge, if any.

(b) Oral estimates and authorization. — If a customer or a person the auto repair facility reasonably believes is acting on the customer's behalf, waives his or her right to a written estimate, the automotive repair facility shall orally provide to the customer or a person the automotive repair facility reasonably believes to be acting on a customer's behalf the estimated price and completion date before beginning any auto repair work; provided however, that the person giving the oral estimate shall make a written record of the requirements set forth in paragraphs (a)(1) through (3) of this section, sign or initial the written document and retain such document for a period of no less than 2 years.

(c) Prohibited charges. — An automotive repair facility shall not charge a customer without the consent of the customer or a person the automotive repair facility reasonably believes is acting on behalf of the customer any amount which exceeds the estimate by 20% or $50, whichever is less. Any charges which exceed 20% or $50, whichever is less, must comply with the requirements of subsections (a) and (b) of this section.

70 Del. Laws, c. 428, § 2; 70 Del. Laws, c. 186, § 1.

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