New Jersey Auto Repair Shop Laws

Many complaints that consumers make to the New Jersey Division of Consumer Affairs are car-related. About half of those complaints deal with automotive repairs.

To protect its consumers, New Jersey enacted automotive repair regulations. The New Jersey auto repairs "deceptive practices" regulations set forth an extensive list of auto repair shop practices that are deemed deceptive.

If a car repair shop engages in one of these practices, it violates both the regulations and the New Jersey Consumer Fraud Act.

What Is an Automotive Repair Dealer?

Under the law, an "automotive repair dealer" is any person or business who, for compensation, performs maintenance, diagnosis, or repair services on a motor vehicle or replaces auto parts. (N.J. Admin. Code § 13:45A–26C.1).

Licensing Requirements for Auto Repair Dealers

Automotive repair dealers are required to be licensed with the state. (N.J. Admin. Code § 39:13-2).

The New Jersey Motor Vehicle Commission (MVC) issues different auto body repair licenses based on the types of repairs the facility will perform. The different types of licenses include:

• full service
• auto body limited
• auto body new dealer sublet, and
• heavy duty vehicle endorsement. A heavy duty vehicle endorsement is required for all licensed auto body repair facilities that repair vehicles weighing 14,000 pounds (gross vehicle weight rating) or more.

If an automotive repair dealer doesn't have or hasn't renewed its license, it isn't allowed to conduct automobile repairs.

Requirements for Obtaining an Auto Body Repair License

To get an auto body repair license, go to the MVC website and download the Auto Body Repair Application. Then, mail the completed form to the New Jersey Motor Vehicle Commission Business Licensing Services Bureau.

Under New Jersey law, no person may engage in the business of an auto body repair facility unless it gets a license from the Commission. (N.J. Admin. Code § 39:13-2).

What Types of Repairs Are Covered Under the Auto Repairs Deceptive Practices Regulations?

The law applies to all maintenance and repairs that an automotive repair dealer performs. But it excludes tire changes, lubricating vehicles, oil changing, and installing light bulbs, batteries, windshield wiper blades, and other minor accessories and services. (N.J. Admin. Code § 13:45A–26C.1).

What Are the Auto Repairs Deceptive Practices Regulations in New Jersey?

It is unlawful under the auto repairs deceptive practices regulations and the New Jersey Consumer Fraud Act for an automotive repair dealer to do any of the following:

• Make any written or oral statements that are misleading and deceptive, which the automotive repair dealer knows to be untrue or misleading.
• Start work without first having received a signed written authorization from the consumer, which clearly states the nature of the repair and the odometer reading of the vehicle, or if during other than normal working hours, verbal authorization from the consumer to proceed with the repair.
• Start work without first giving the consumer a written estimate. The total price must be stated either as "price not to exceed" a certain amount or as an exact figure broken down into parts and labor.
• Fail to provide the consumer with a copy of any receipt or documents signed by the consumer at the time they signed them.
• Make false promises which are likely to influence, persuade, or induce the consumer to authorize the repair, service, or maintenance of the vehicle.
• Charge the consumer for work done or for parts supplied which are in excess of the estimate given without the prior oral or written consent of the consumer.
• Fail to return parts to the consumer at the time the repair is completed, provided that the consumer requested the return of parts before the work was commenced.
• Fail to record on an invoice all repair work performed by the automotive repair dealer for a customer. The invoice should clearly and separately itemize the charges for parts and labor and also state whether any new, rebuilt, or used parts were supplied in the repair.
• Fail to provide a copy to the consumer of any guarantee that clearly discloses all of its terms.
• Fail to post in a conspicuous place a sign informing the consumer that the automotive repair dealer must provide a written estimate, copies of all receipts, detailed invoices, a copy of any guarantees that are offered, and that the consumer has the right to the return of any replaced parts. (N.J. Admin. Code § 13:45A–26C.2).

What Are the Penalties for Violating New Jersey Auto Repair Laws?

If an automotive repair dealer violates any of the provisions of the Auto Repairs Deceptive Practice Regulations (thereby also violating the New Jersey Consumer Fraud Act), you might be able to cancel the repair contract and receive triple damages, attorneys' fees, and the costs of the suit. Talk to a lawyer for more information.

What Can You Do if You Have a Problem With an Automotive Repair Dealer?

If you have a problem with repair work done on your vehicle, you should immediately speak to the repair shop's owner and explain the nature of your complaint.

What Can Consumers Do If They Believe They've Been Wronged By an Auto Repair Shop?

If you can't resolve the problem with the repair shop, you can file a complaint with the New Jersey Division of Consumer Affairs.

What Are the Steps to File a Complaint Against an Auto Repair Shop in New Jersey?

To start the complaint process, go to the New Jersey Division of Consumer Affairs website. Select the type of complaint you want to file, such as against a business or to report unlicensed activity.

Then, fill in the information about your complaint. You can also file a complaint via email. Check the New Jersey Division of Consumer Affairs website for the email address to use.

In your complaint, you should:

• describe the issue as completely as you can
• explain what you want the business to do, and
• include copies of relevant documents such as a signed contract.

Any information you provide could be publicly disclosed under New Jersey's Open Public Records Act. So, don't include any sensitive personal information when filing your complaint.

What Happens When a Complaint Is Filed?

The Division of Consumer Affairs will attempt to mediate the dispute.

How Can Consumers Protect Themselves From Unscrupulous Auto Repair Shops?

Below are some tips for avoiding problems when using an auto repair shop.

• Shop around. Before selecting an auto repair shop, take the time to shop around and ask family or friends for recommendations.
• Beware of discounts. Always be wary of auto repair facilities that offer discount offers to do the repair work. Make sure the repair shop is licensed and insured.
• Pay attention to the repair order. Never sign a blank repair order, make sure that you fully understand the repair order, and that it clearly reflects what work you want done to the vehicle. Under the law, you may waive your right to an estimate but must sign a written waiver in order to do so. (N.J. Admin. Code § 13:45A–26C.2). Before you waive this right, remember that the requirement for a written estimate is there to protect you from unscrupulous auto repair shops.

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