Law Talk: Consumers and motor vehicle repairs
Buying a vehicle is often one of life's first
major purchases. In order to keep your vehicle
in good working order, you have a
responsibility to bring your vehicle in for
regular maintenance and repair. Vehicle
owners with little automotive knowledge are
especially vulnerable to being taken advantage
of by repair shops. Faulty or incorrect
motor vehicle repairs were the seventh highest
ranked complaint registered with the
Minister of Consumer Services in 2009.
Fortunately, all repairs to vehicles, vans, trucks and motorcycles are covered under the Consumer Protection Act, 2002. This broad piece of legislation is designed "to educate, protect and serve Ontario consumers by ensuring a fair, safe and informed marketplace."
Below are a few tips based on the requirements of the Act that will ensure that repairs on your vehicle are both fair and legal.
Always get a written estimate of the repairs. The estimate should include what repairs are being done to your vehicle, the parts being replaced, whether the parts are new, used or reconditioned, the price of the parts and what labour rates you'll be charged. Repair shops are required to post their labour rates, so be sure to compare the rate you're being quoted to the posted rate.
Of course, an estimate is just that — an estimate of what the vehicle repair shop predicts the work to your vehicle will cost. The Act recognizes this and further stipulates that the actual cost of your repairs cannot exceed the estimate by more than 10 per cent.
Repair shops cannot make unauthorized repairs to your vehicle. Your authorization must be verbal or in writing by signing the estimate you have been given. This means that a repair shop cannot claim to have fixed — and subsequently charge you for — allegedly broken parts in your vehicle without your consent.
All vehicle repairs have warranties on both the labour and parts for either 90 days or 5,000 km, whichever comes first. If the repairs completed on your vehicle fail within the warranty period, you can take your vehicle back to the repair shop to be repaired again without being charged. If you can't take your vehicle back to the same location, have it repaired at another shop. The original repair shop is required to pay you back for the repairs performed at the other location and cover reasonable towing costs.
Repair shops must post easy-to-read signs with consumer information. This information must include the fact that the shop is required to provide an estimate, any applicable estimate fees and the fact that estimate fees are not charged if you authorize the work; the hourly labour rate, any flat rate charges, and any charges for diagnostic time; whether the shop receives commission for parts sold; any other fees for storage, delivery or rental vehicles; and that the consumer is entitled to the old parts, unless covered by an exception.
Repair shops must provide invoices. Invoices must include: the name and contact information for the consumer and repairer; the make, model and vehicle identification number of the vehicle; the date the vehicle was authorized for repairs, the repairs were completed, and the vehicle was returned; the odometer readings at the time the work was authorized and the time it was completed; an exact description of the work performed, a list of parts and whether the parts were new; the charge to the consumer for each part, and all supplies; the original estimate amount, or the maximum amount authorized by the consumer; the total labour charge and how it was calculated; and any warranties for parts or labour, or if no warranties are provided, the details of the warranty provided under the Consumer Protection Act, 2002. Never sign a blank work order!
You have rights. If you are not satisfied with the work, your first step is to send the repair shop a letter of complaint. If that fails to produce results, you should get a written assessment from another repair shop; you can write to the original shop again with the new information you receive with this assessment and ask for an adjustment.
If all else fails, the Ministry of Government Services can help. Still not getting results? File a formal complaint to the Ministry at www.mgs.gov.on.ca. The Ministry has broad investigative powers, and can conduct an inquiry into your complaint. The Ministry can make an order directing the shop to comply with the Consumer Protection Act, 2002. An individual who is convicted of an offence under the Act can be liable for a fine of up to $50,000, two years' imprisonment, or both. A corporation convicted under the Act could face a fine of up to $250,000.
Call or write to the Ministry of Government Services at:
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Tel: 1-416-326-8800
Toll Free: 1-800-889-9768
Email: inforMGS@mgs.gov.on.ca
Vehicle repair shops have rights, too. The Repair and Storage Liens Act says that if you refuse to pay for repairs, the repair shop is entitled to keep your vehicle under a lien. If you haven't paid the bill within 60 days, the repair shop can sell your vehicle. If you dispute your bill, this Act allows you to pay your bill into Small Claims Court when you make a claim. Your vehicle will be returned to you, and pending the outcome of your claim, you might get some or all of that money back.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
Fortunately, all repairs to vehicles, vans, trucks and motorcycles are covered under the Consumer Protection Act, 2002. This broad piece of legislation is designed "to educate, protect and serve Ontario consumers by ensuring a fair, safe and informed marketplace."
Below are a few tips based on the requirements of the Act that will ensure that repairs on your vehicle are both fair and legal.
Always get a written estimate of the repairs. The estimate should include what repairs are being done to your vehicle, the parts being replaced, whether the parts are new, used or reconditioned, the price of the parts and what labour rates you'll be charged. Repair shops are required to post their labour rates, so be sure to compare the rate you're being quoted to the posted rate.
Of course, an estimate is just that — an estimate of what the vehicle repair shop predicts the work to your vehicle will cost. The Act recognizes this and further stipulates that the actual cost of your repairs cannot exceed the estimate by more than 10 per cent.
Repair shops cannot make unauthorized repairs to your vehicle. Your authorization must be verbal or in writing by signing the estimate you have been given. This means that a repair shop cannot claim to have fixed — and subsequently charge you for — allegedly broken parts in your vehicle without your consent.
All vehicle repairs have warranties on both the labour and parts for either 90 days or 5,000 km, whichever comes first. If the repairs completed on your vehicle fail within the warranty period, you can take your vehicle back to the repair shop to be repaired again without being charged. If you can't take your vehicle back to the same location, have it repaired at another shop. The original repair shop is required to pay you back for the repairs performed at the other location and cover reasonable towing costs.
Repair shops must post easy-to-read signs with consumer information. This information must include the fact that the shop is required to provide an estimate, any applicable estimate fees and the fact that estimate fees are not charged if you authorize the work; the hourly labour rate, any flat rate charges, and any charges for diagnostic time; whether the shop receives commission for parts sold; any other fees for storage, delivery or rental vehicles; and that the consumer is entitled to the old parts, unless covered by an exception.
Repair shops must provide invoices. Invoices must include: the name and contact information for the consumer and repairer; the make, model and vehicle identification number of the vehicle; the date the vehicle was authorized for repairs, the repairs were completed, and the vehicle was returned; the odometer readings at the time the work was authorized and the time it was completed; an exact description of the work performed, a list of parts and whether the parts were new; the charge to the consumer for each part, and all supplies; the original estimate amount, or the maximum amount authorized by the consumer; the total labour charge and how it was calculated; and any warranties for parts or labour, or if no warranties are provided, the details of the warranty provided under the Consumer Protection Act, 2002. Never sign a blank work order!
You have rights. If you are not satisfied with the work, your first step is to send the repair shop a letter of complaint. If that fails to produce results, you should get a written assessment from another repair shop; you can write to the original shop again with the new information you receive with this assessment and ask for an adjustment.
If all else fails, the Ministry of Government Services can help. Still not getting results? File a formal complaint to the Ministry at www.mgs.gov.on.ca. The Ministry has broad investigative powers, and can conduct an inquiry into your complaint. The Ministry can make an order directing the shop to comply with the Consumer Protection Act, 2002. An individual who is convicted of an offence under the Act can be liable for a fine of up to $50,000, two years' imprisonment, or both. A corporation convicted under the Act could face a fine of up to $250,000.
Call or write to the Ministry of Government Services at:
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Tel: 1-416-326-8800
Toll Free: 1-800-889-9768
Email: inforMGS@mgs.gov.on.ca
Vehicle repair shops have rights, too. The Repair and Storage Liens Act says that if you refuse to pay for repairs, the repair shop is entitled to keep your vehicle under a lien. If you haven't paid the bill within 60 days, the repair shop can sell your vehicle. If you dispute your bill, this Act allows you to pay your bill into Small Claims Court when you make a claim. Your vehicle will be returned to you, and pending the outcome of your claim, you might get some or all of that money back.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
