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How Do I Protect Myself?
Your best protection from fraud and faulty repair work is to find a reputable mechanic or repair shop before your car needs to be repaired.
Ask your friends if they know of a reliable mechanic. After you have selected some repair shops, call the Better Business Bureau or the Office of the Attorney General in your area and ask if anyone has
complained about the shops you are considering. Ask the shops for the names of customers you can contact to see if they are satisfied with the shops' work.
You should ask the repair shop to give you a written estimate before any work is done on your vehicle. Then tell the mechanic, "if my
car requires any additional parts or labor over the estimate, call me with the information before you do anything." Your final bill should be close to the estimated price. If the charge is much
higher than the estimate, or if the work was done without your authorization and you feel that you have been overcharged, question the bill. Have the shop write out the reasons for the difference in
cost. Keep that information.
If You Are Not Satisfied
If you refuse to pay a repair bill, the mechanic has the legal right to keep your car until you pay. If you feel that the shop has
overcharged you, call the Attorney General's Consumer Protection office nearest you. Only a private attorney is likely to be able to get your car back if you don't pay the unreasonable charge,
and the court proceedings necessary can be expensive. Often the easiest solution is to pay the bill, making clear that you do not agree to it, then sue the shop for return of the excessive amount plus
penalties under the Deceptive Trade Practices Act.
If you are not satisfied:
- Get everything in writing, and keep every piece of paper.
- Ask the mechanic for your old parts back. (The mechanic may return some parts, such as alternators and brake shoes, to the parts supplier for a
refund, so you may not be able to get them.)
- Tell the shop manager clearly and calmly that you are dissatisfied. Write down what the response is.
If you suspect that the repair shop has violated the law, and you can't get them to resolve the problem to your satisfaction, your
first step should be to take your car to another repair shop. Give the mechanic a copy of your itemized receipt and order an inspection of the alleged repairs and parts. Get this report in writing. If
you notice the same problem with your car is recurring, or find a new problem that should not have arisen, you will be in a better position to negotiate a refund from the first mechanic if you get a
second mechanic's opinion of the work done – in writing.
If you have an auto repair problem that the shop will not correct, the Consumer Protection Division of the Office of the Attorney General
nearest you or your local Better Business Bureau can provide a mediation service to help resolve your problem with the repair shop.
What the Law Says
Texas has no comprehensive statute specifically governing auto repairs. However, the Deceptive Trade Practices/Consumer Protection Act
includes some sections which deal with repairs. Under this law, it is illegal to:
- Knowingly make a false or misleading statement about the need for parts or repair service
- State that work has been done or parts were replaced when that is not true.
- Represent that goods are original or new, when in fact they are second-hand or refurbished.
Tips
- Find a good, reputable mechanic before your car needs repair.
- Get an estimate in writing before letting the shop do any work. Tell them to call you before they do the work if parts or labor above the estimate
are required.
- Try to settle the matter amicably with the shop owner before taking any other action.
- If you refuse to pay a repair bill, the mechanic has the legal right to keep your car until you pay.
- Get your old parts back, if possible.
- Get everything in writing.
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