Binding versus non-binding estimates: the federal rule, the New York rule, and what 38 Long Island movers say

• 110%most a mover can collect at delivery on a non-binding interstate estimateFMCSA record, 49 CFR 375.405(b)(8)
• 25%New York delivery threshold on an hourly-rated move; 10 percent on weight-rated and binding movesNYSDOT record, Summary of Information page 46
• 15 daysminimum New York deferral for any balance above the threshold, weekends and holidays excludedNYSDOT record, 17 NYCRR 814.3(d)
• 5 of 38Long Island movers that use the word binding on their own sitesfirst party

Those are interstate rules. A move from Garden City to Smithtown runs under New York’s 17 NYCRR Part 814 instead. That rulebook sets delivery thresholds of 10 percent and 25 percent and gives you 15 days to pay any balance above them. We read both on 21 October 2026, then read what each of 38 Long Island movers says about its own estimates. Only 5 of the 38 use the word binding anywhere on their sites (first party). Most say ‘free estimate’ and stop there. The sections below give the rules and the paperwork to insist on, then the one phrase neither rulebook defines.

FMCSA says a rate quote is not an estimate, and the estimate must follow a survey

FMCSA’s binding estimate page says the mover ‘must provide you a written estimate of all charges’, transportation and accessorial charges included. A mover’s ‘rate quote’ is not an estimate, the same page says. It tells you to ‘Be sure the estimate is based on actual or virtual inspection of your household goods.’

The survey is a rule as well as advice. 49 CFR 375.401(a) requires the mover to ‘conduct a physical survey of the household goods to be transported’. Section 375.103 defines a physical survey as one ‘conducted on-site or virtually.’

Skipping it takes a waiver. FMCSA says the waiver must be ‘a written agreement signed by you before your shipment is loaded.’ A 50 mile radius is often quoted for this rule. We could not confirm that figure in the eCFR text we read, so we do not print it as a rule.

FMCSA’s first red flag of moving fraud is an estimate given ‘over the telephone or online’, sight unseen.

A binding estimate is the price; a non-binding one caps delivery at 110 percent

FMCSA’s glossary defines both kinds. The table sets them side by side, with the rule behind each cell. The glossary calls the non-binding limit the 110 Percent Rule.

The balance above that is billed later. 49 CFR 375.403(a)(8) says the mover ‘must bill the individual shipper for the additional services after 30 days from delivery.’

‘Binding not to exceed’ is an industry phrase that FMCSA does not define

We looked for a definition of ‘binding not to exceed’, also sold as ‘guaranteed not to exceed’. We checked the FMCSA glossary, the binding estimate page, 49 CFR Part 375 on eCFR and the October 2022 Rights and Responsibilities handbook, all on 21 October 2026. None defines it, and the exact phrase is absent from the handbook. The handbook’s only not to exceed language is ‘not to exceed 110 percent of the estimate can be collected’, which describes a non-binding estimate.

MJ Moving & Storage of Riverhead advertises a ‘GUARANTEED NOT TO EXCEED, one-price move’ on its site (first party). We print that as the company’s own term, because FMCSA has no such category. When a mover offers one, ask which of the two federal documents you are signing.

Inside New York, TRA 196 gives you a free on-site estimate with 72 hours notice

NY Transportation Law section 196, subdivision 10, requires carriers to tell you about ‘a written estimate of the total cost of services if requested at least seventy-two hours in advance of an actual move.’ Not every move qualifies. The statute exempts moves of ‘one room of four hundred square feet or less.’ NYSDOT’s Summary of Information booklet says section 196 ‘requires all movers to provide a free on-site estimate if requested by the shipper.’

The New York estimate is a prediction, and the statute says so. It ‘shall not serve as the actual contract’ and is ‘an educated prediction of the total cost for services to be rendered.’ It may be given ‘only after a physical examination by the carrier’.

The form must state in bold that ‘the tariff in effect at the time of the shipment shall govern the final charges for the shipment.’ Binding estimates are optional here. A carrier that offers them ‘must specifically state so in its tariff.’

17 NYCRR 814.3(a) adds that a non-binding estimate ‘shall be made only after a visual inspection of the goods’ before move day, ‘or upon verified information from the shipper.’ Discounts have their own rule. NYSDOT’s booklet warns, in capitals, that it is illegal for a mover ‘TO OFFER YOU A DISCOUNT OFF ITS TARIFF RATES.’

17 NYCRR 814.3 requires an order for service before pickup, with the estimate and the payment method on it

The order for service is the New York document that matters most. 17 NYCRR 814.3(e) says every carrier ‘shall, prior to receipt of the goods, prepare an order for service’ with listed contents. NYSDOT’s booklet lists nine items and says ‘you and the mover must sign’ the order ‘before the shipment is picked up.’ Three of the nine decide your money.

The booklet says there are three types of bill of lading, ‘one for each type of move’: hourly-rated, weight-rated and written binding estimate. The type on your bill decides which delivery threshold applies.

New York’s delivery thresholds are 25 percent on hourly moves and 10 percent on weight-rated and binding moves

NYSDOT’s booklet, page 46, sets the limit by move type. On an hourly-rated move, the trigger is charges that exceed the non-binding estimate ‘by more than 25 percent’. The mover must then, at your request, deliver ‘upon payment of the non-binding estimate plus 25 percent.’

On a weight-rated move the same rule runs at 10 percent. On a written binding estimate move, delivery is due ‘upon payment of the amount of the written binding estimate plus 10 percent.’

The remainder is deferred by regulation. 17 NYCRR 814.3(d) says the carrier ‘shall defer payment of the remainder of the tariff charges for a period of at least 15 days following’ delivery, with weekends and holidays excluded. The booklet agrees: ‘You have 15 days’ to pay the balance. Services you ask for on the day are different; the mover may ‘collect full payment for them at the time of delivery.’

On deposits we found no NYSDOT cap and no ban in any of the pages we read. The closest rule is 17 NYCRR 814.2(d): ‘no rates or charges shall be established based upon prepayment of charges.’ The cost guide prints what the movers themselves say about deposits.

Never sign an estimate with blanks where the price or the dates should be

Six things to get in writing before the truck is booked

Ask for each of these before the truck is booked, and keep a copy of each.

1. 01
   A written estimate after a survey on site or virtual, headed binding or non-binding; interstate, it must carry the 110 percent statement (49 CFR 375.405(b)(5)).
2. 02
   The order for service, on a New York move the dates and the maximum due at delivery, signed by both of you before pickup (17 NYCRR 814.3(e)).
3. 03
   The bold tariff statement and, for a binding estimate, confirmation that the mover’s filed tariff offers one (TRA 196).
4. 04
   Your bill of lading type which of the booklet’s three types you are on, since the delivery threshold follows from it.
5. 05
   The deposit and the balance plus the payment methods. Samonas Prime Moving says personal checks are not accepted on move day (first party).
6. 06
   The booklets Your Rights and Responsibilities When You Move and the Ready to Move brochure (49 CFR 375.213), or New York’s Summary of Information for Shippers of Household Goods (17 NYCRR 814.1(e)).

Only 5 of the 38 Long Island movers use the word binding on their own sites

We read each company’s site on 21 October 2026 and recorded how it describes its estimates (first party). Five use the word binding.

Three more make a promise without the word. MJ Moving & Storage says guaranteed not to exceed. Despatch of Southampton says ‘Get a guaranteed estimate’. Charles Wood Moving says ‘Fixed prices, no surprises’. None of the three defines its term.

The other 33 do not say whether their estimates bind. Across all 38, twelve say an estimator will come to the home, among them Molloy Moving & Storage and Hall Lane, plus Liberty Moving & Storage and Zippboxx. Five mention a virtual or video survey. The rest offer a ‘free estimate’ or a ‘free quote’ and nothing else, which is where your questions begin.