December 15, 2021
An automobile repairer brought a counterclaim for breach of oral contract, unjust enrichment, and quantum meruit against our Firms’ client to recover for storage fees and alleged work performed on the client’s vintage Rolls Royce in 2017. The automobile repairer also attached two unsigned invoices dated 2019 and 2020 as exhibits to its counterclaim. The Firm moved to dismiss these claims arguing that they were barred by Florida’s Motor Vehicle Repair Act (“FMVRA”). Specifically, we argued that the FMVRA prohibits a repair shop from collecting fees from a customer if the repair shop does not substantially comply with the written repair estimate provisions of section 559.905(1), which includes providing a customer with a written repair estimate and disclosure before commencing any diagnostic or repair work. Here, the repair invoices attached to the counterclaim were unsigned, incomplete, and dated nearly two years after the repairs were allegedly performed. The Circuit Court (Broward County) adopted our arguments and dismissed with prejudice all claims against our client.