· by Michael Blair, Nashville's Mover
Under 49 CFR Part 375, the federal rules for interstate household moves, a mover has to hand you a written estimate and say whether it is binding or non-binding. Those are the two legal types, and the difference decides whether the price you were given is the price you pay. You may also hear a third name, not-to-exceed, which means whatever the mover writes it to mean. A lot of moving-day arguments start because nobody explained which one was issued.
Binding or non-binding: what is the difference?
A non-binding estimate is the mover’s best figure, and the final bill rests on what your shipment actually weighs and the mover’s tariff. The rules say it has to be reasonably accurate, and the mover may not charge you for writing one. On an interstate move it has a ceiling at the door: 49 CFR 375.703 puts the most a mover can require at delivery at 110 percent of a non-binding estimate, plus services you asked for after the bill of lading and certain charges for impracticable operations. A binding estimate fixes the price for the items and services written on it, and a mover is allowed to charge you for preparing one.
The phrase not-to-exceed appears nowhere in Part 375. Some movers use it for a binding estimate that also drops when the shipment weighs less than expected. The binding rules on their own set a maximum and say nothing about lowering it, so if you are offered one, ask what happens when the weight comes in light and have the answer written on the estimate itself.
Why does a moving quote go up?
Items not on the original inventory, access that differs from what was described, and packing that was assumed to be done and was not. The federal rule is plain about the first. Under 49 CFR 375.403, if you hand over goods or need services the binding estimate did not list, the mover does not have to honor it; you either reaffirm it, sign a new binding estimate or convert it to non-binding in writing. Elevators and long carries are supposed to be priced before the bill of lading is prepared, and stairs or a driveway the truck cannot use deserve the same conversation at the estimate.
A quote given without a survey is a guess about all three. For an interstate move the rules require a physical survey, which can be done on site or over live or recorded video, and you can skip it only by signing a written waiver before loading. For a move inside Tennessee, ask for one anyway.
- Ask which type the estimate is, and see it written on the estimate
- Ask for a survey, in person or by video
- Declare everything, including the garage and the attic
- Describe access honestly at both ends: stairs, elevators, the walk from the truck
- Get any change in writing before loading begins
Local versus long distance
We quote local moves by the hour with a set crew size, so the variables are how long it takes and how many people; our local moves page explains how the rate is agreed before anyone lifts a box. The state’s own household goods rule from the Tennessee Department of Safety, in its 2003 revision, is written around weight. It requires the bill of lading to show how the estimate was made and its amount, and when actual charges run more than 10 percent or $25 over an estimate, whichever is greater, the mover has to tell you before delivery.
Interstate moves fall under the federal rules, where a non-binding estimate is billed on actual weight under the mover’s tariff. Those rules give you a written estimate that names its type, and every interstate mover must run an arbitration program for disputes over loss and damage and over charges billed after delivery. How the weighing works is set out in our post on long-distance weight and delivery, and our long-distance moving page covers how we quote one.
What if the mover changes the price on moving day?
If the crew says the price has changed, stop and get it in writing before loading begins. The federal rules let a mover amend an estimate before loading if you both agree, and not after. Once a shipment on a binding estimate is loaded without a new written estimate, 49 CFR 375.403 treats the original as reaffirmed. A service you add after the bill of lading is signed goes on a written attachment, and the mover has to give you at least an hour to decide. Your leverage still drops once your things are on a truck, which is why the conversation belongs on the driveway.
A reputable mover will explain the change against the inventory. Appendix A of Part 375, the consumer rights summary, says a mover that keeps your goods after you have paid 100 percent of a binding estimate or 110 percent of a non-binding one, plus any impracticable-operations charge, is holding the shipment hostage in violation of federal law. Keep the estimate, the bill of lading and every written change together. If you would like a written estimate from us, ask for one here.
Sources
- FMCSA, 49 CFR Part 375, Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations (eCFR) — Written estimate naming binding or non-binding; only two types defined; non-binding fee rule; physical survey on site or by video and written waiver; no amendment after loading; mover arbitration program; Appendix A hostage language
- FMCSA, 49 CFR 375.403, How must I provide a binding estimate? (eCFR) — Added goods or services release the mover from a binding estimate; reaffirm, new binding or convert to non-binding; reaffirmed once loaded; one hour and a written attachment for added services
- FMCSA, 49 CFR 375.703, What is the maximum collect-on-delivery amount I may demand? (eCFR) — 110 percent cap at delivery on a non-binding estimate; binding maximum is the estimate plus added services and impracticable operations
- Tennessee Department of Safety, Rule 1340-6-1-.29, Estimates of Charges, Determination of Weights and Claims by Household Goods Movers (2003 revision) — Intrastate: bill of lading shows how the estimate was made and its amount; notice before delivery when charges exceed an estimate by more than 10 percent or $25
FAQ
Binding, Non-Binding and Why Quotes Change — questions
What is a binding not-to-exceed estimate?
It is a name some movers give a binding estimate that also comes down if the shipment weighs less than estimated. The federal rules for interstate moves define only binding and non-binding estimates and never use the phrase, so what it promises depends on the mover. If you are offered one, have the lower-weight terms written on the estimate before you sign.
Why did my moving quote go up on the day?
Usually items that were not on the inventory, access that differs from what was described, such as stairs, long carries and elevators, or packing that was assumed complete. On an interstate move, a mover does not have to honor a binding estimate when you add goods or services it did not list. A survey beforehand is the best protection against all three, and a quote given over the phone without one is a guess.
Can movers hold my belongings for more money?
Not on an interstate move once you have paid what the federal rules allow at delivery: 100 percent of a binding estimate or 110 percent of a non-binding one, plus services you added after the bill of lading and any impracticable-operations charge. Refusing to release the goods after that is holding them hostage in violation of federal law. Get any price change in writing before loading begins, since you have less leverage once your things are on the truck, and every interstate mover must offer arbitration for disputes over charges billed after delivery.
Is an estimate legally binding?
On an interstate move, a binding estimate holds the mover to its price for the items and services listed, plus services you add later and impracticable-operation charges. A non-binding estimate is not a fixed price, though the most due at the door is 110 percent of it. Adding unlisted goods releases the mover from a binding one.