Repairs and Services

Repairs and services are covered by Ohio Administrative Code (OAC) Section 109:4-3-05 (all repairs and services) and by OAC 109:4-3-13 (motor vehicle repairs and services).

Estimates

In general, the rules give consumers the right to a verbal or written estimate for repairs or services that will cost more than $25. The rules also require suppliers to obtain the consumer’s authorization for repairs or services that will cost more than 10 percent of the estimate.

Upon an initial face-to-face contact with the consumer, the supplier must provide a form listing:

• The date;
• Supplier’s identity;
• Consumer’s name and phone number;
• Anticipated cost of the repair or service, if requested by the consumer;
• Reasonably anticipated completion date; and
• Disclosure of the consumer’s right to an estimate.

Required Disclosures

The disclosure of the consumer’s right to an estimate may be a separate form or incorporated into another form, as long as the required disclosures are easily legible and clearly and conspicuously appear on the form.

The disclosure form must use substantially the following language:

Estimate
You have the right to an estimate if the expected cost of the repairs or services will be more than twenty-five dollars. Inital your choice:
___Written estimate
___Oral estimate
___No estimate

If no face-to-face contact with the consumer has occurred, upon first contact the supplier must verbally inform the consumer of the right to an estimate. If the consumer requests a verbal estimate, the supplier must provide the estimate before starting the repair or service. If the consumer requests a written estimate, the supplier must prepare the estimate, tell the consumer it has been prepared, and, if the consumer requests, give it to the consumer prior to starting the repair or service.

For repairs or services that occur at the consumer’s residence and the anticipated cost exceeds twenty-five dollars, the supplier or its representative must verbally inform the consumer of the right to an estimate during the initial face-to-face contact before starting the repairs or services. For additional disclosure requirements, including disclosures that must appear on signs at a supplier’s place of business, see OAC 109:4-3-05.

Alternative to Providing an Estimate

In lieu of these requirements, the supplier may provide the consumer with a written quotation of the price at which the repair or service will be performed, indicating that the quotation shall be binding on the supplier for five days. If the supplier chooses this option, the repair or service must be available to consumer for that period.

Authorization for Extra Work

If the consumer requested an estimate and the anticipated cost of the repair or service is $50 or less, then the supplier must obtain written or verbal authorization for extra costs of more than $5 (excluding tax). For example, if the original estimate for a repair was $40 but an unforeseen repair will cost $7, then the supplier must obtain the consumer’s written or verbal authorization before beginning the $7 repair.

If the consumer requested an estimate and the anticipated cost is more than $50, then the supplier must obtain the consumer’s written or verbal authorization if the total cost will be 10 percent or more (excluding tax) of the original estimate. For example, if the original estimate was $200 but the supplier later determines that the repairs would cost $300, the supplier must obtain the consumer’s written or verbal authorization before beginning the additional repairs, since the $100 in additional costs is more than 10 percent of $200.

Additional Requirements for Repairs and Services

In any repair or service transaction, the supplier must disclose:

• Charges for disassembly or reassembly;
• Charges for work that only gets partially completed;
• Storage charges;
• Service charges, travel charges, charges for diagnosis; and
• Work that will be performed by a third party, if the supplier disclaims the warranty of that work.

Suppliers also must provide to consumers:

• A written itemized list of repairs or services performed;
• Replaced parts, unless the parts are rebuilt or returned to the manufacturer per warranty;
• Copies of documents signed by the consumer; and 
• Upon the consumer’s request, a written receipt of goods left for repair, including: the supplier’s identity; the signature of the supplier or its representative; and a description of the goods left (including the make and model).

Under the Repairs and Services Rule, suppliers may not:

• Represent that certain repairs or services are needed, if they are not;
• Misrepresent repairs or services performed;
• Materially underestimate or misstate estimated cost; or
• Represent that repairs must be made outside a consumer’s home, when such is not the case.

Auto Repairs and Services

The Motor Vehicle Repairs or Services Rule (OAC 109:4-3-13) conforms closely to the Repairs and Services Rule; however, some additional requirements apply to auto repairs and services.

One of the additional rules is that if a supplier permits “night-drops”, in which consumers can drop off their vehicles for repair after business hours, the supplier must provide two forms stating the consumer’s right to an estimate. The consumer should be instructed to leave one form at the facility and to keep the other copy for him/herself. The form must identify the supplier and disclose the consumer’s right to an estimate.

Overview of Repairs and Services Rules

• Consumers have the right to an estimate for repairs and services of $25 or more.
• Sellers must provide consumers notice of their right to an estimate.
• If the cost will be 10 percent or more of the estimate, sellers must get the consumer’s permission before beginning the additional work.
• Suppliers may not misrepresent repairs or services performed or needed.