Mechanical repairs: Rights and obligations of a mechanic

Having your vehicle repaired is very often expensive. So, if you have no knowledge of mechanics, you are certainly afraid that your mechanic will take advantage of it to make unnecessary repairs and thus inflate your bill. Therefore, it is important that you understand the rights and obligations of a mechanic when you entrust your vehicle to them for an inspection or mechanical repairs. If a mechanic does not respect its obligations, you may have legal recourse under the applicable laws to assert your rights. Indeed, in Quebec, you should know that the Consumer Protection Act provides certain mechanisms to prevent abuse during the mechanical repair of a car.
Discover in this article an overview of the rights and obligations of a mechanic in terms of mechanical repairs.

The rights of a mechanic during a mechanical auto repair

1. The right to be paid for auto mechanical repair services rendered.
2. In some cases, the mechanic has the right to hold the vehicle until full payment is made (section 179 of the Consumer Protection Act). However, there are three exceptions to this rule:
   • If the mechanic did not provide you with a written estimate before performing the work.
   • If the total invoice amount is higher than the appraisal price.
   • If the total amount of the invoice is higher than the price of the assessment with the additional amounts you have agreed to pay for additional repairs.
3. The right to charge reasonable storage fees for vehicles not collected after repair.

The garage owner’s obligations for mechanical repairs

1. The garage is required to provide a written estimate of the cost of all necessary work if it is estimated to cost more than $100 before proceeding with the repair (section 168 of the Consumer Protection Act). There are two exceptions to this rule: if you waive the estimate by writing a written and signed statement or if the repairs are free (covered by a warranty for example). The estimate must contain the following information:
   • Your full name and address
   • The name and address of the garage
   • The make, model and registration number of your vehicle affected by the work
   • The nature of the repairs and their total costs
   • If necessary, the type of part to be installed and its condition
   • The date of the assessment and its period of validity.
2. Once you have accepted the estimate for the work, the garage cannot ask you to pay for additional repairs (section 172 of the Consumer Protection Act). Therefore, the professional is required to notify you of any additional repairs required and to obtain your consent before proceeding. As a result, you are entitled to refuse to pay the amounts for additional repairs that you have not accepted.
3. The mechanic must guarantee all mechanical repair work on your car for 5,000 kilometres following the delivery date of your vehicle, or for the three months following this same date, depending on which event occurs first (section 176 of the Consumer Protection Act). In addition, the professional must guarantee that the repairs were carried out in accordance with the quality and safety standards in effect in the industry. Of course, this guarantee does not include damage that could result from improper use of your vehicle. The guarantee generally includes parts, labour and towing or breakdown costs. However, to benefit from it, you must do business with the professional who previously carried out the work.
4. Unless you instruct us otherwise, the mechanic must install replacement parts of equivalent or superior quality to the original parts when carrying out the repair.
5. The garage must return your vehicle in the same condition as before the repair. In fact, it is responsible for your vehicle when it is stored in the garage during the repair. The professional must therefore protect your car against theft and any damage it may suffer. In the event of a problem, the garage must repair your vehicle at its own expense to return it to you in the same condition. However, it is exempt from this liability if it can prove that it has not committed any fault or in the event of force majeure.
6. The garage owner is required to keep all repair records for a period determined by current legislation.
7. The mechanic is required to carry out repairs properly and in a professional manner. Otherwise, you may be able to obtain a refund of the amounts spent on the repairs. In this case, you could therefore take legal action against the professional even if the repairs were completed more than 3 months ago or if you have travelled more than 5,000 km.
8. Once the repairs have been carried out, the garage must give you a detailed invoice when your vehicle is delivered, which includes in particular:
   • Your full name and address
   • The name and address of the garage
   • The make, model and registration number of your vehicle affected by the work
   • The number of kilometers displayed on your car’s odometer on the delivery date
   • The delivery date of your vehicle
   • The nature of the repairs carried out
   • If necessary, the type of part installed, its condition (new, used, refurbished, etc.) and its price
   • The number of hours of work that were billed, the hourly rate of labor
   • Taxes
   • The total amount you have to pay
   • The main features of the guarantee

Do you have a problem with your vehicle? So you think you need to have it inspected and repaired in a quality professional garage that complies with current standards? Make an appointment with the experts at Pneus Groupe Unik in Dorval. They offer you reliable and durable service, at competitive prices for the inspection, maintenance and mechanical repairs of all types of vehicles of all brands. In addition, they know and respect their rights and obligations.