A repair shop provides a written estimate of $850 for transmission work. The actual repair costs $1,100. What is required under B&P Code 7159.5?
Correct Answer
B) Shop must obtain customer authorization before exceeding the estimate by more than $100 or 10%
B&P Code 7159.5 requires customer authorization before charges can exceed the written estimate by more than $100 or 10%, whichever is less.
Why This Is the Correct Answer
B&P Code 7159.5 requires that before charges may exceed a written estimate by more than $100 or 10% (whichever is less), the contractor or repair facility must obtain explicit customer authorization. In this scenario the overrun is $250 — far beyond the $85 (10% of $850) or $100 threshold — so prior customer approval was legally required before proceeding.
Why the Other Options Are Wrong
Option A: Customer must pay the full $1,100 since they signed the estimate
Signing the estimate is not a blank check. California law imposes a cap on how much work can proceed above the estimate without renewed authorization. An initial signature does not waive statutory consumer protections.
Option C: Shop can only charge $850 as originally estimated
Limiting the charge strictly to $850 is also incorrect. The law allows the actual cost to exceed the estimate as long as the required authorization was obtained. It does not freeze the price at the estimate; it controls the process for getting approval to exceed it.
Option D: Shop can charge up to 20% more than the estimate without authorization
A 20% allowance without authorization does not exist in B&P 7159.5. The actual threshold is $100 or 10%, whichever is less — not 20%. This distractor inflates the permissible overage to mislead.
Memory Technique
Remember '100 or 10, whichever wins the race to the bottom.' The smaller of $100 or 10% sets the ceiling for how much you can go over without calling the customer. In most jobs under $1,000, that means $100 wins (since 10% is less than $100). Always call before you overshoot.
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