Services: Consumer Law: Vehicles: Car Repairs

Who regulates repair shops?

Repair shops or garages, which are businesses which service or repair motor vehicles, must register with the Nevada Department of Motor Vehicles and Public Safety (DMV) beginning 01/01/98. N.R.S., Chapter 487. Wreckers and body shops already must register. N.R.S. 487.070 and 487.610.

DMV has the authority to fine repair shops, wreckers and body shops up to $2,500 for violations of Nevada laws. NRS 487.700. The Consumer Affairs Division of the Department of Business and Industry may also accept complaints. A toll free number to accept complaints, 1-800-326-5202, has been established for use outside Clark County (within Clark County call 486-7355). The toll free number must be displayed conspicuously in each licensed garage. NRS 487.570.

Are there laws to keep repair shops from cheating?

Yes, repair shops may not engage in any "deceptive trade practice". NRS Chapter 598. A repair shop engages in a "deceptive trade practice" when it knowingly states that services, replacement parts or repairs are needed when they are not. N.R.S. 598.092(3). It is also an "unfair and deceptive trade practice" if a repair shop "fraudulently alters any contract, written estimate of repairs, written statement of charges or other document" N.R.S. 598.0915(13) or "knowingly makes any false representation in a transaction".

If a repair shop commits an "unfair and deceptive trade practice" you may complain to either the Consumer Affairs Division of the Department of Business and Industry (486-7355), the District Attorney's Office (455-4711), or the Consumer Protection Division of the Attorney General's Office (486-3420). Any of the three may seek criminal sanctions, civil penalties of up to $10,000 or court orders stopping the practice and refunding your money. N.R.S. 598.096-598.0999.

You also have the option of filing a lawsuit for money damages plus attorney fees. N.R.S. 41.600(2)(c). If the garage is guilty of fraud you may seek punitive damages in addition to actual damages. N.R.S. 42.005. If your claim for damages is less than $5,000.00 you may file suit in Small Claims Court without an attorney. Clark County Legal Services has a packet entitled "Representing Yourself in Small Claims Court" that is available upon request.

Can I find out in advance how much a car repair will cost?

Yes, Nevada law mandates that a garage display a sign at least 22" x 28" explaining your right to request a written estimate of the costs. It must basically state: State law requires that upon request by any person authorizing repairs to a motor vehicle, such person shall be given a written estimate of total charges for labor and parts and accessories, and that no charge may be made exceeding the estimated amount by 20% or $40.00, whichever is less, without the consent of the person authorizing the repairs.

A repair shop which does not display this sign may be guilty of a misdemeanor. NRS '597.490. Repairs do not include lubrication, oil change, fixing or changing tires, or replacing batteries, wiper blades, fan belts, or other minor accessories. NRS ' 597.480.

Unless you first ask for a written estimate for any work being performed by the repair shop, it does not have to provide one. The written estimate should include the total charge for labor and parts and all accessories needed to do the required repairs. If the written estimate proves to be too low the repair shop must notify you and obtain further authorization if the final charge would exceed 20% of the estimated charges or $40.00, whichever is less. NRS '' 597.510 & 597.520.

You may choose to sign a statement waiving this notice of the additional charges. If you refuse to authorize the additional costs, you must retrieve your vehicle within 24 hours (even it your vehicle cannot be driven). If you do not remove it within 24 hours the repair shop can charge you for storage. NRS ' 597.540.

Upon your request, the repair shop must deliver to you any parts and accessories that were replaced as a result of the authorized work. They are valuable evidence if a dispute arises and you go to court. Additionally, the repair shop must keep copies of all documents provided or signed by you. NRS '' 597.550 & 597.560.

Can a repair shop keep my car until I pay my bill?

Yes, if you do not pay for repair costs on time, an automatic lien can be placed on your car. "Alien" means that the repair shop can legally keep you car until you pay for the repairs.

A repair shop must meet certain restrictions before an automatic lien applies. It must comply with the Nevada law on written estimates discussed above. Further, the repair shop must provide a written statement of charges and notify you in person or by registered or certified mail. It must also notify all other persons claiming an interest to the vehicle. NRS ' 597.570. The notice must contain:

1. An itemized claim showing the sum owed and when it became due;
2. A brief description of the vehicle;
3. A demand that the amount claimed be paid on or before a certain date; and
4. A statement that unless the claim is paid on time, the vehicle will be advertised and sold by auction at a specified time and place.

The repair shop determines the date when payment is due. However, the payment date cannot be less that 10 days after delivery or anticipated delivery of the notice. NRS ' 108.272(3)(4).

The written statement of charges must be sent to the last known address of the registered owner and any others known to have a claim or an interest in the vehicle. This statement must include:

1. The name and signature of the person authorizing or requesting the repairs;
2. The total charges;
3. An itemization and description of all parts used to repair the vehicle, with the charge for each part;
4. The charges made for labor; and
5. A description of all other charges.

A repair shop which places a lien on the vehicle without providing this written statement is guilty of a misdemeanor. NRS ' 487.035.

If a repair shop places a lien on your car, and payment for the repairs is not received, it may sell that vehicle. However, before the sale, the repair shop must give a written notice to other interested parties as well as to DMV. NRS ' 108.310(1).

The repair shop may not advertise the sale of the vehicle until 10 days after delivery or anticipated delivery of the lien notice. A sale advertisement must then be published in a newspaper located where the sale is to be held. The ad must run weekly for three consecutive weeks. It must describe the vehicle, state the name of the owner or person on whose account it is held, and state the time and place of the sale. The final sale cannot be held less than 22 days after the first publication of the notice. NRS ' 108.310(3).

The Registration Division of the DMV should monitor the sale process to see that it is lawful. After the sale, the Registration Division will issue a certificate of title to the new owner. NOTE THAT AT ANY TIME PRIOR TO THE SALE OF THE CAR, YOU MAY SATISFY THE LIEN BY PAYING THE FULL AMOUNT CLAIMED BY THE GARAGE. NRS '108.320

The repair shop may keep the money form the sale to satisfy the lien amount. Any extra money must be returned to you upon your request. NRS '108.310 (4). If the repair shop violates any of the above requirements, the owner/manager may be guilty of a misdemeanor. You may file a complaint with the District Attorney's office (455-474), the Nevada Attorney General's Consumer Protection Division (486-3420), the Consumer Affairs Division of the Department of Business and Industry (486-7355) or all three.

Further, NRS Chapter 108 allows you to file a "Motion for an Order to Show Cause" with the District Court when you believe that the "Notice of Lien" is frivolous and was made without reasonable cause or that the amount of the lien is excessive. You may file this case by yourself or you may hire an attorney.

You may have already paid the disputed amount to get your car back. You may still file a small claims action in Justice Court for up to $5,000.00. Copies of all estimates, receipts and any other documentation should be kept to use in court. Clark County Legal Services has a packet entitled "Representing Yourself in Small Claims Court" that is available upon request.

I don't want to go to court or complain to a government agency, do I have any other way to settle a dispute with my repair shop?

Yes. You may file a complaint with the Better Business Bureau (BBB) of Southern Nevada (735-8591). After you file a written complaint the BBB as a neutral third party contacts the garage to attempt to resolve the dispute. If that effort does not resolve the problem the BBB may offer the services of a professional mediator or arbitrator.

For additional information you may contact:

CLARK COUNTY LEGAL SERVICES PROGRAM, INC.
800 South Eighth Street
Las Vegas, Nevada 89101
702-389-1070
1-800-522-1070
FAX:702-366-0569
TDD: (702) 386-1059 (hearing impaired)

The following web sites may provide additional information or assistance regarding consumer law:

American Bankruptcy Institute (ABI) Consumer Information Center
http://www.abiworld.org

Better Business Bureau
http://www.bbb.org/

Consumer Law Page (Alexander Law Firm)
http://consumerlawpage.com/

Fair Debt Collection (FTC)
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm