Section 257.131. Contracts and invoices.

Rule 31. (1) The following contracts are unfair and deceptive:

(a)  ) A contract which uses a waiver to circumvent or evade the act.

(b)   A contract which takes advantage of a customer's inability to reasonably protect his interests on account of illiteracy or  inability  to understand the  language  of an agreement, if the facility knows or reasonably should know of the customer's inability.

(c)        A  contract which  has  gross  discrepancies   between   the   oral representations of the facility and   the  written  agreement   covering  the  same transaction.

(2)   It is an unfair and deceptive practice to:

(a)   Make, either written or orally, an untrue or misleading statement of  a material

fact.

(b)   Fail to reveal a material fact,   the  omission  of     which     tends     to mislead or

deceive the customer and which fact  could  not  reasonably   be known by the customer.

(c)   Enter into a contract which attempts to abrogate, disclaim, or disallow the legal rights, obligations, or remedies of a customer.

(d)  Allow a customer to sign an acknowledgment, certificate, or other writing which affirms acceptance, delivery, compliance with a requirement of law, or other performance, if the facility knows or has reason to   know that the statement is not true.

(e)   Set up contractual provisions, including the statement of repairs and waivers, which are not specific in  language,   clearly  described,  or reasonably legible.

(f)   Attempt to avoid or evade the law through a contract  or  any provision thereof.

(g)    Fail to promptly restore to the person entitled thereto any deposit, down payment, or other payment when a contract is rescinded, cancelled, or otherwise terminated in accordance with the terms of the contract  or   the act.

(h)   Allow a customer to sign a document in blank relating to the repair of a motor vehicle.

(i)   Fail to give the customer  a   copy  of  a  document  evidencing   the engagement of the facility at the time of its signing by the customer.

(j)    Fail upon return of a repaired vehicle to the customer to give a written statement of repairs to the customer which discloses:

(i)   Repairs needed, as determined by the facility:

(ii)   Repairs requested by the customer.

(iii)   Repairs authorized by the customer.

(iv)   The facility's estimate of repair costs.

(v)   Actual costs of repairs.

(vi)    Repairs or services performed, including a detailed identification of all parts that were replaced and a specification as to which are new, used, rebuilt, or reconditioned.

(vii)    A certification that authorized repairs were completed properly or a detailed explanation of an inability to complete  repairs  properly.   The statement shall be signed by the owner of the facility or by a person designated by the owner  to represent  the   facility.  The   name  of  the mechanic who performed the diagnosis and the repair shall   appear    on  the statement.

History: 1979 AC.