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Category: Consumer Protection Law
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I delivered my motor home to a licensed repair facility 4 days

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I delivered my motor home to a licensed repair facility 4 days ago to diagnose and repair an engine problem. Florida Statutes require that the facility provide a written vehicle repair estimate and disclosure statement. That was not done.
Now that the repair is done, the fee for diagnosis is 250% of the industry standard.
I am willing the pay for the standard number of hours, the labor to remove and replace the parts and the cost of the parts, but no more. (The no more fee is $1250.)

Question: Do they have a lien on my vehicle? If not, what rights do they have to collect an unfair charge?
Hello,

I am a professional here to assist you. I appreciate your use of this service. Is the vehicle still in the possession of the mechanic?

Thank you
Customer: replied 3 years ago.

Yes and I have not seen the final bill nor raised the issue of undue fees.

Customer: replied 3 years ago.


Please respond soon. I need to get the problem resolved in the next hour!


 


Thanks

Customer: replied 3 years ago.

Forgot to mention that I have not signed anything at this shop

The repair shop does have a possessory lien. This means so long as the bill is unpaid and the vehicle is in their possession they have a lien. Yes, FS Section 559.905 requires the repair shop to provide an estimate. That law is here:

http://www.flsenate.gov/Laws/Statutes/2012/559.905

Also, a possessory lien is not allowed without the estimate based on:

"FS Section 559.909 (4) It shall be unlawful for any motor vehicle repair shop to fail to return any customer’s motor vehicle because the customer has refused to pay for unauthorized repairs or because the customer has refused to pay for repair charges in excess of the final estimate in violation of this section."

FS Section 559.919 also states: "No motor vehicle repair shop may refuse to return a customer’s motor vehicle by virtue of any miscellaneous lien, nor may it enforce such a lien in any other fashion if it has failed to substantially comply with the provisions of this part."

A customer can file suit to obtain the vehicle. Here is the section discussing remedies including filing suit for injunction and damages. See:

http://www.flsenate.gov/Laws/Statutes/2012/559.921

Please follow-up as needed. I appreciate your patience while I worked on this issue. Please take a moment to leave a positive service rating. I appreciate it.

Thank you
Customer: replied 3 years ago.


I am confused... First Paragraph states they have a possessory lien and later you say such lien is not allowed without the estimate.


 


Please explain

I apologize for the lack of clarity. Normally a shop will have a possessory lien, but this requires provided a written estimate and not performing unapproved work. Florida law does not allow a shop which fails to provide the estimate and overcharges the right of a possessory lien.

Thank you again
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