Q. My car had been making some funny noises. When I brought it to the repair shop, my mechanic verbally told me that the repair work would cost $1,250. The next day, he called me and said that he found more problems and raised the price to $2,275.  I agreed to that amount because I needed the car back.  Now, I have buyer's remorse and don't think I should be paying so much.  The mechanic says that he did an excellent job and I agreed to the amount.  Do I have to pay the $2,275 and what can I do to get out of this problem?

A. No, you are not liable to pay $2,275.  Under Miami-Dade County's Motor Vehicle Repair Ordinance and the Florida's Motor Vehicle Repair Act, when you bring your car in for repair, you are entitled to a written estimate, not a verbal estimate, when the repair work or diagnosis exceeds $100.00.  If you are not present when the car is brought into the shop, you must be promptly notified by telephone, telegraph, mail, or other means of the estimated cost.

It is unlawful for a motor vehicle repair shop to charge more than the written estimate plus $10 or 10 percent, whichever is greater, but not to exceed $50, unless the motor vehicle repair shop has obtained authorization to exceed the written estimate.

In an actual appellate case that was decided by the Third District Court of Appeal in   Osteen v. Morris, a consumer verbally agreed to repairs between $500.00-$700.00.  After the repairman further diagnosed the car, he called the consumer to advise him that additional repairs were needed, bringing the total amount of the bill to $1,490.90.  The consumer orally authorized the shop to complete the additional repairs. 

The court held that because the repair shop did not provide a signed written estimate or receive a signed waiver from the consumer, the consumer's statutory right to a written estimate was violated, thus precluding recovery under the legal doctrine of quantum meruit.  In this case, the court found that the consumer sustained a "loss" and the $1,490.90 bill was reduced to $50.00, the amount that activates the disclosure statement requirement.  Today, the consumer would be responsible for paying up to the first $100.00, because the Legislature changed the threshold amount from $50.00 to $100.00 in 1997. 

The reason for this harsh result is because the guilty party to an illegal contract cannot bring an action to enforce the contract or to recover on principles of quasi contract.  Courts have consistently held that where no written estimate was prepared, the repairman cannot collect for repairs actually made.

A customer can dispute a motor vehicle repair bill by filing a cash or surety bond with the Clerk of the Court, payable to the person claiming the lien and conditioned for the payment of any judgment that may be entered on the lien.  The clerk will require the consumer to provide the following items:

• A bill reflecting the disputed charges;
• Cash, cashier's check or money order in the amount of the disputed bill;
• Driver's license;
• Car registration or title;
• Clerk's fee in the amount of two (2) percent of the first $500.00 and one (1) percent on the remaining balance; and
• $8.00 for the certificate and bond.

In Miami-Dade County, the customer can file with the Clerk of the Court only in the downtown Miami-Dade County Courthouse, located at 73 West Flagler Street, Miami, Florida.    More information is available by calling the Miami-Dade County Clerk of Court at (305) 275-1155, ext. 0.

It is important to note that you cannot use this process if you stop payment on a credit card charge or check.

After you give the clerk all of the above-described items, the clerk will give you a certificate, which notifies the shop owner of the posting of the bond and directs the shop owner to release the vehicle.  Any motor vehicle repair facility that fails to release the car is subject to criminal prosecution.

The repair shop has sixty days to sue the consumer to recover the bond as payment for the repair.  If the shop sues you, file a counterclaim against the shop for the disputed amount.  If the shop does not sue the consumer within that period, the money will be returned to the consumer after the clerk confirms that no action was filed.  A simple letter to the clerk indicating that the shop failed to initiate action is sufficient to request the clerk to return the money.

It is also important that you file a complaint with the Miami-Dade Consumer Services Department because this type of conduct can result in enforcement action and imposition of civil penalties against the repair shop.