Michigan Compiled Laws
Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340)
Section 257.1332 - Written Estimate Required; Consent to Excess Charge; Payment of Actual Cost if Cost Less Than Estimate; Cost of Returning Vehicle to Original Condition; Cost of Diagnosis; Waiver of Rights; Display of Certificate of Repair Facility...

Sec. 32.
(1) Before beginning repair work, a motor vehicle repair facility shall give to the customer a written estimate that itemizes as closely as possible the price for labor and parts necessary for the work. A facility shall not charge for work done or parts supplied in excess of the estimated price, or in excess of the limit stated by the customer in the waiver described in subsection (3), without the knowing written or oral consent of the customer, obtained at some time after the facility determines that the estimated price or stated limit is insufficient and before any work that is not estimated or is in excess of the limit is done or the parts that are not estimated or are in excess of the limit are supplied. If a waiver is not signed under subsection (3) and the estimated price is exceeded by not more than 10% or $50.00, whichever is lesser, the facility is not required to obtain the written or oral consent of the customer for the excess charge unless specifically requested by the customer. This section shall not be construed as requiring a motor vehicle repair facility, mechanic, or mechanic trainee to give a written estimated price if the facility, mechanic, or trainee agrees not to perform the requested repair. If the actual cost of a repair is less than the agreed on estimated cost, the customer shall pay only the actual cost.
(2) If a facility or mechanic informs the customer that the price for repair will exceed the written estimate or the stated limit in the waiver and the customer does not want the repair work performed, the customer is responsible for all reasonable costs to return the vehicle to the condition it was in at the time it entered the facility. The facility shall indicate those costs in written form, itemizing the costs as closely as possible with a copy given to the customer. The cost of a diagnosis made by the facility, whether or not the customer authorizes the facility to perform those repairs, shall be included in the written estimate before the diagnosis is undertaken.
(3) If a customer initiates a request for service or parts for the repair of a motor vehicle without receiving a written estimate and voluntarily agrees to pay all reasonable costs of repair up to an amount stated by the customer, a facility may obtain from the customer a waiver of his or her right to receive a prior estimate of repair costs. The waiver shall be in 14 point or larger bold capital type face and executed with 1 copy to the customer who is requesting the repairs. The waiver shall read as follows:
"I, __________, voluntarily authorize __________ to provide services or parts in the repair of the below described motor vehicle without receiving an estimate of repair costs. By signing this form, I understand that I will give up my right to:
1. Receive a written estimate of the cost for repairs;
2. Approve in advance any repairs or costs with a total cost under $ __________; and
3. Refuse to pay for repairs with a total cost less than the amount stated above.
The facility may exceed the amount stated above only after I give my written or oral approval.
Motor vehicle description:
Customer signature _______________
Date __________
Time __________".
(4) A waiver described in subsection (3) is not effective unless it is given by the customer voluntarily and with full knowledge of the implications of the waiver. A motor vehicle repair facility or anyone in its employ shall not make use of a waiver described in subsection (3) in an attempt to evade this act.
(5) A motor vehicle repair facility shall at all times display, in a place and manner conspicuous to its customers, a current and valid certificate of repair facility registration issued by the administrator.
(6) A motor vehicle repair facility shall include its registration number, as assigned by the administrator, on each copy of any instrument, form, contract, or other document used by the applicant in dealing with the public in the repair of motor vehicles, including, but not limited to, all of the following:
(a) Any document on which the facility routinely requires the customer's signature.
(b) Any document used by the facility in connection with providing estimates, diagnoses, or repairs.
(c) Any invoices, warranties, or waivers.
(d) Any other document used by the facility to comply with this act or rules promulgated under this act.
History: 1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 1976, Act 12, Imd. Eff. Feb. 20, 1976 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 257 - Motor Vehicles

Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340)

Section 257.1301 - Short Title.

Section 257.1302 - Definitions; a to L.

Section 257.1302a - Definitions; M to W.

Section 257.1303 - Act Inapplicable to Gasoline Service Stations Exclusively Engaged in Selling Motor Fuel and Lubricants; Minor Repair Services Subject to Act; Exception.

Section 257.1304 - Act Inapplicable to Certain Persons.

Section 257.1305 - Motor Vehicle Repair Facility; Certified Specialty or Master Mechanic Required; Inspection and Approval of Work Performed by Noncertified Mechanic; Waiver.

Section 257.1306 - Motor Vehicle Repair Facility; Registration Required.

Section 257.1306a - Motor Vehicle Repair Facility Providing Baiid Service; Approval of Department; Requirements; Term; Inspection.

Section 257.1307 - Prohibited Conduct.

Section 257.1307a - Prohibited Conduct.

Section 257.1307b - Prohibited Conduct.

Section 257.1307c - Prohibited Conduct.

Section 257.1307d - Prohibited Conduct.

Section 257.1307e - Prohibited Conduct.

Section 257.1307f - Prohibited Conduct.

Section 257.1308 - Administration of Act; Nonaffiliation With Facility.

Section 257.1309 - Powers and Duties of Administrator; Rules.

Section 257.1310 - Certification as Specialty Mechanic; Certification Fee; Initial Specialty Mechanic's Certificate in Baiid Service; Examination; Qualification Certificate as Master Mechanic for Automobiles, Light Trucks, or Heavy-Duty Trucks.

Section 257.1310a - Performance of Baiid Service; Certificate Required; Requirements; Written Installation Verification.

Section 257.1310b - Certification as Specialty or Master Mechanic for Automobiles and Light Trucks or Heavy-Duty Trucks; Certification as Master Motorcycle Mechanic; Certification as Recreational Trailer Mechanic; Eligibility.

Section 257.1311 - Application for Specialty or Master Mechanic's Certificate; Form; Contents; Terms; Renewal.

Section 257.1312 - Examination.

Section 257.1313 - Mechanic Trainee Permit; Duration; Supervision; Educational Institution.

Section 257.1313a - Training to Mechanics or Mechanic Trainees; Approval of School, Academy, or Similar Establishment; Contract.

Section 257.1313b - Display of Current and Valid Certificate; Name and Certification Number to Be Affixed to Statement of Repairs; Compliance With Accepted Motor Vehicle Repair Industry Standards; Violation of Subsection (3).

Section 257.1314 - Registration Form; Contents.

Section 257.1315 - Registration; Expiration; Renewal; Operation Pending Renewal Approval; Fee; Single Registration Form for More Than 1 Facility.

Section 257.1316 - Change in Ownership or Name and Address of Facility; Notice; Owner as Corporation; "Change of Ownership" Defined.

Section 257.1317 - Inspection; "Reasonable Business Records" Defined.

Section 257.1318 - Records; Inspection; "Reasonable Business Records" Defined; Retention; Time Periods; Records to Be Maintained by Facility Engaging in Body Work; Contents; Police Book; Dealer's License Required.

Section 257.1318a - Records of Air Bag Sales, Purchases, or Acquisitions; Period of Time Records Required to Be Maintained.

Section 257.1319 - Loss, Destruction, or Mutilation of Registration, Certificate, or Trainee Permit; Replacement.

Section 257.1320 - Specialty or Master Mechanic Certificate; Date of Approval; Expiration; Renewal; Conduct Pending Renewal.

Section 257.1321 - Cease and Desist Order.

Section 257.1321a - Summary Suspension of Registration, Certificate, or Mechanic Trainee Permit; Affidavit; Hearing; Setting Aside, Continuing, or Modifying Order of Summary Suspension.

Section 257.1322 - Administrative Action Against Certain Conduct; Violation of Subsection (1); Powers of Administrator; Probation; Conditions; Other Lawful Remedies and Sanctions.

Section 257.1323 - Action by Attorney General or County Prosecutor.

Section 257.1324 - Notice of Alleged Violation.

Section 257.1325 - Action by Administrator Not Restricted by Expiration or Absence of Registration, Certificate, or Permit.

Section 257.1326 - Public or Private Investigation by Administrator; Additional Powers of Administrator.

Section 257.1327 - Voluntary Assurance of Discontinuance of Alleged Violation.

Section 257.1328 - Oaths or Affirmations; Subpoena; Order Compelling Compliance; Contempt.

Section 257.1329 - Service of Process.

Section 257.1330 - Fees.

Section 257.1331 - Acts or Practices Barring Action on Contract, Action for Collection of Compensation, or Assertion of Lien; Recovery of Amount Paid Unregistered Facility.

Section 257.1332 - Written Estimate Required; Consent to Excess Charge; Payment of Actual Cost if Cost Less Than Estimate; Cost of Returning Vehicle to Original Condition; Cost of Diagnosis; Waiver of Rights; Display of Certificate of Repair Facility...

Section 257.1332a - Consumer Information Sign.

Section 257.1333 - Right to Receive or Inspect Replaced Parts; Notice; Exchange Agreement; Disposition of Replaced Parts; Display of Sign at Entrance of Facility.

Section 257.1334 - Written Statement Required Upon Return of Repaired Vehicle.

Section 257.1334a - Written Estimate Not Required if Total Cost Less Than $50.00; Statement Including Actual Cost of Repairs.

Section 257.1335 - False Statement, Misrepresentation, or Failure to Comply With Cease and Desist Order.

Section 257.1336 - Liability for Damage or Injury.

Section 257.1337 - Mechanic or Mechanic Trainee as Agent; Joint and Several Liability; Right to Contribution.

Section 257.1338 - Violation; Penalty.

Section 257.1339 - Rescission of R 257.101 to R 257.173.

Section 257.1340 - Disposition of Fees.