Wisconsin Auto Repair Law

Educational summary only – not legal advice.

Governing Law

·       Wisconsin Administrative Code ATCP 132 (Motor Vehicle Repair)

·       Wisconsin Statutes § 779.41 (Mechanic’s liens)

·       Enforced by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)

1. Estimates & Dollar Thresholds

$50 Threshold – If repair costs may exceed $50, the shop must offer a written estimate before starting work. – The customer may decline the written estimate, but authorization is still required.

Prepayments of $250 or More – If a shop accepts $250+ before work begins, it must provide an estimated completion date (oral or written) before starting work.

If State Law Is Silent – Wisconsin law does not set a maximum price increase tolerance (e.g., no +10% or +20% rule). – General consumer protection law applies.

2. Authorization Requirements

·       All repairs require customer authorization, regardless of dollar amount.

·       Authorization may be written or oral (e.g., phone call).

·       Shops may not charge for unauthorized work.

Drop‑Off Vehicles – Leaving a vehicle with keys or a note does not automatically authorize repairs unless the note clearly authorizes work.

3. Over‑Estimate & Additional Repairs

·       If additional repairs are discovered beyond the original estimate, the shop must:

1.       Contact the customer before performing the work

2.       Disclose:

§  The cost of the additional repairs

§  The new total job price

If State Law Is Silent – Wisconsin law does not require written authorization for additional work. – Oral authorization is permitted with proper disclosure.

4. Disclosure Timing

Before Work Begins – Offer written estimate (if $50+ possible) – Obtain authorization – Provide estimated completion date if $250+ prepayment is taken

After Work Is Completed – Provide a final invoice listing: – Repairs performed – Parts replaced (new, used, rebuilt) – Any warranties on parts or labor

5. Parts Return Rules

·       Customers may request old/replaced parts back before repairs begin.

·       Shops must return parts if requested, except:

o   Warranty parts

o   Exchange or rebuilt parts

Exception Rule – Non‑returnable parts must still be made available for inspection if requested.

6. Record Retention

Repair shops must retain records for at least 2 years, including: – Repair orders and invoices – Parts invoices – Identification of personnel performing the work

Records must be available for inspection by DATCP upon request.

7. Enforcement & Consequences

For Shops – Performing unauthorized work may result in: – Voided or uncollectible charges – Consumer complaints to DATCP – Enforcement under Wisconsin consumer protection law

For Consumers – Consumers may: – File complaints with DATCP – Refuse payment for unauthorized repairs – Challenge improper mechanic’s liens

8. Mechanic’s Liens

·       Shops have a lien for just and reasonable charges for authorized repairs.

·       No lien rights exist for unauthorized work.

What This Means for Consumers

·       You control the price — repairs cannot proceed without your approval.

·       You can demand transparency before and after repairs.

·       You can inspect or reclaim replaced parts if you ask in advance.

·       You have state‑level enforcement support through DATCP.

What This Means for Repair Shops

·       Always offer estimates when costs may exceed $50.

·       Never perform additional work without contacting the customer.

·       Document authorizations carefully (especially oral approvals).

·       Retain records for at least 2 years.

·       Unauthorized work risks non‑payment and regulatory enforcement.

Bottom Line: If you run a shop or own a car in Wisconsin, ATCP 132 is the rulebook. Authorization and disclosure are everything. When the law is silent, general consumer protection statutes still apply.