[15] Id. Contact and identifying information for the applicant, including information on any prior home improvement businesses operated by the applicant; For corporations and business entities, information on partners, officers, managers and other parties with an interest in the business; Information on other contractor licenses and registrations held by the applicant; A description of the applicants business; Background disclosures, including information on prior bankruptcies and criminal pleas or convictions; Insurance policy information showing at least $50,000 of personal injury liability coverage and $50,000 of property damage coverage (this is not related to contractor performance or quality of work); A signed and dated certification by the applicant; and. (A) The dollar value of the initial cost estimate for the services to be performed under the time and materials provision. In addition, the Federal Trade Commission has invoked jurisdiction over real estate sales transactions. The Act, located at 73 Pa.C.S. What is the toll-free telephone number for the Bureau of Consumer Protection that needs to be included in home improvement contracts? On or about June 19, 1980, appellants agreed to purchase the premises for the sum of $20,500.00. as being based on the Federal Trade Commission Act"); Commonwealth v. Flick, 33 Pa.Commw. 4. See also Gum, Inc. v. Gumakers of America, 1 F.R.D. Box 444Pottstown, PA 19464 Pottstown Law Office Map, 13 W. Miner StreetWest Chester, PA 19382Maps & Directions, 606 Court Street., Suite 203Reading, PA 19601Maps & Directions, 570 Main StreetPennsburg, PA 18073Maps & Directions, 2023 Wolf, Baldwin & Associates, P.C. If you need help with Pennsylvania unfair trade practices and consumer protection law, you can post your legal need on UpCounsel's marketplace. Similarly, contractors cannot force a homeowner to waive the right to a jury trial, to give up the right to assert a claim arising out of the contract, or to agree that the contractor will be awarded attorneys fees and costs in the event of a dispute. Stat. Do contractors need to display their registration number on their vehicles? 1979) (Pennsylvania Motor Vehicle Sales Finance Act); Pekular v. Eich, 355 Pa.Super. The statute of limitations for filing a lawsuit in Pennsylvania for unpaid unsecured debt is four years. Id. is regarded as a breach [sic] contract"). See 13 P.S. On August 25, 1982, appellants filed a complaint alleging, inter alia, causes of action for breach of the implied warranty of merchantability, breach of contract, and fraudulent misrepresentation. 6-13.1-1; S.C.Code Ann. The contract must set forth the entire agreement, including, among other things, the approximate start date and completion date, a complete description of the work to be performed, the total sales price due under the contract, and the amount of any down payment required plus any amount to be advanced for the purchase of special order materials. You and your office staff are the "Creme de la Creme" of legal knowledge. Retail businesses are not required to register unless the retailer offers or performs home improvements, which includes performing installations themselves or subcontracting installation work to others who will perform the services. :The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). (3) A confession of judgment clause. . 17.45; Va.Code Ann. Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping work (other than work performed under the Plant Pest Act), painting, doors and windows and waterproofing. You need to enable JavaScript to run this app. Is there an exemption for work performed by or on behalf of a charity or a non-profit corporation? The law says that registration numbers must be included in all advertisements, contracts, estimates and proposals - how do I display my number? Pa.R. attorneygeneral.gov/resources/home-improvement-contractor-registration/contractor-frequently-asked-questions/, https://www.consumerlawpa.com/home-contractor-fraud/, "We would like to say beyond a normal thank you how much Bob and I appreciate what you have done for us in more than one legal situation. We suggest that you include the following language in your contracts, and display it prominently so your customers can review it: The official registration number of [contractor name] can be obtained from the Pennsylvania Office of Attorney Generals Bureau of Consumer Protection by calling toll-free within Pennsylvania 1-888-520-6680. . This registration requirement is critical because the information required to be included in an application for registration includes not only the name and home address or any individual applicant or the officers, managers and general partner of any partnership, corporation, limited liability company or limited partnership applicant, but also such additional information as drivers license number, Social Security number, and all prior business names and addresses of home improvement businesses operated by that individual, partner, officer, or manager. Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. Under HICPA, home improvement contracts may NOT contain certain provisions including: 1) A hold harmless clause; 2) A waiver of Federal, State or local health, life, safety or building code requirements; 3) A confession of judgment clause; 4) A waiver of any right to a jury trial in any action brought by or against the owner; 5) An assignment of This is due to the longer statute of the UTPCPLS (6 years for the unfair trade practices and consumer protection law versus 2 years for breach of contract), and the additional monetary compensation that may be awarded. 1-54(2). You do not need to include extra zeroes which come before your number but you must have these letters and your actual registration number. This new statute, however, contained no express limitation on actions for fraud and deceit. The court drew an analogy between common law libel and the plaintiff's disparagement claim pursuant to the UTPCPL, concluding: The analysis employed by both the federal district court in Merv Swing and by the lower court in the case at bar in *394 selecting a statute of limitations for the UTPCPL involved application of the most closely analogous limitations period. [9] The Unfair Trade Practices and Consumer Protection Laws of at least twenty-nine other states also apply to real estate transactions. under the pennsylvania home improvement consumer protection act (pa hicpa) (effective july 1, 2009), for all home improvements in pennsylvania with an actual cash value in excess of $500.00 the contractor will have to provide, to the homeowner, a formal written contract that meets the all of the requirements of . 1125(a) (reproduced footnote 6, supra). Pennsylvania's Home Improvement Consumer Protection Act ("HICPA" or the "Act") was enacted to protect consumers from the unfair trade practices and fraudulent activities of home improvement contractors. 1986), held that the six-year "catchall" statute of limitations was applicable. Home improvement contractors would be well advised to consult with counsel regarding their legal rights and prohibitions prior to the July 1st effective date of the new Act. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. Finally, its important to note that under state law, homeowners have the legal right to rescind a home improvement contract without incurring any penalties, as long as they do so within three days of signing. ", "I could not let this opportunity pass without expressing my sincere thanks for representing me in court. [2] Section 5524(7) of the Judicial Code, as amended 1982, sec. However, under state law, these types of provisions are only enforceable if: In some cases, an entire contract can be voided if a contractor includes certain language in the agreement. 553, 559, 382 A.2d 762, 765 (1978). 5524(7) (two year limitation). [10] 73 P.S. Those filing under the UTPCPL can be awarded the amount of monetary damages presented or $100, whichever is greater. There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. This amendment applies only to causes of action accruing after its effective date in February, 1983. (xvii) (miscellaneous fraudulent practices). Generally speaking a down payment of one-third of the total contract price or one-third plus the cost of special ordering materials is appropriate. Co. v. Greenspan, 360 Pa. 542, 63 A.2d 72 (1949). to ensure the fairness of market transactions. Pennsylvania's statutes of limitation are actual statutes located at 42 Pa.C.S.A. 417, 404 A.2d 720 (1979) (Usury Statute). In Anderson v. Kessler, 32 D. & C.3d 623 (Allegh. Limitation periods range from six months (C) The total potential cost of the services to be performed under the time and materials provision, including the initial cost estimate and the 10% referenced in clause (B), expressed in actual dollars. Most provisions of the Act also do not apply to home improvement retailers having a net worth of more than $50,000,000.00 or any employee of that retailer that does not perform home improvements, thus excluding from the scope of most of the Act entities such as Home Depot or Lowes when those entities do no more than sell home improvement materials. with 15 U.S.C. The court may order the business to compensate any business for its losses, typically by refunding the price of the purchased product or service. are hereby declared unlawful.") 1982); Wilkinson v. Smith, 639 P.2d 768 (Wash.App. The amendment also requires additional written disclosures about the cost of time and materials contracts in the form of a written initial cost estimate and within the actual home improvement contract. Philadelphia home contractor fraud lawyer, Most Common Types Of Home Improvement Fraud In Pennsylvania, Philadelphia Contractor Faces Criminal Charges For Defrauding At Least 10 Homeowners, Philadelphia Home Contractor Allegedly Absconds With Victims Security Deposit, Mill Hall Roofing Contractor Faces Charges For Home Improvement Fraud, Three Red Flags To Avoid When Hiring A Home Contractor, Serving the Philadelphia Metropolitan Area. 334, 520 A.2d 485 (1987), we considered the appealability of an order denying amendment of a complaint: Id., 360 Pa.Superior Ct. at 344, 520 A.2d at 490. We have worked to ensure that the registration process is as quick and easy as possible. [9] That sales of real property *392 would be protected by the UTPCPL is consonant with its broad remedial purposes. Only the first 5 bills are included here. What is the Home Improvement Consumer Protection Act? As the Supreme Court of Pennsylvania has observed: [T]his Law attempts to place on more equal terms seller and consumer [and is] predicated on a legislative recognition of the unequal bargaining power of opposing forces in the marketplace. 20, P.L. However, the term does not include the construction of a new home or the sale of goods and materials by a seller who neither arranges nor performs installation work. 449, 257 S.E.2d 63 (1979); Sherrod v. Holzshuh, 274 Or. This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. The law also creates a criminal penalty for home improvement fraud, as defined by the statute. any home improvement without first registering with the bureau, as provided for in this act. Delaware. The Act applies to any person who owns and operates a home improvement business or who undertakes offers or agrees to perform any home improvement, including a subcontractor who has contracted with a home improvement retailer to provide home improvement services to the retailers customers. [1] In its view, appellants' amended cause of action was barred by Pennsylvania's two-year limitations period for fraud,[2] rather than the six-year "catchall" limitation period,[3] since it was the closest analogy for appellants' statutory claims. 1033, 42 Pa.C.S.A. This would need to be pursued directly with a civil case. The law exempts from the registration requirements contractors who perform less than $5,000 worth of home improvements in a calendar year. The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P.S. In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. Further, the Act requires that any contract include a notice of the owners right to rescind the contract without penalty within three business days of the date of signing, regardless of where the contract was signed. Id. I am in your debt for this and will always be grateful for your service", 1500 John F Kennedy Blvd., Suite 1825 Philadelphia, PA 19102. The Court resting its holding on several bases, including the modern and traditional conceptions of leasing, held: Id. Serv. In addition, search results will only display approved registrations. "[4]Gutierrez v. Pennsylvania Gas and Water Co., *387 352 Pa.Super. Attorney's use this law to demand justice against both real and perceived threats. 201-2(4)(i) (passing off goods or services as those of another) See Bisceglia Bros. Corp. v. Fruit Industries, 20 F. Supp. and the Lantram Trademark Act were models for Pennsylvania's (UTPCPL)"). Contracts must also include important provisions, including the total price of the project; estimated start and completion dates; and a description of the work. In the case sub judice, *393 the trial court reasoned that such actions were governed by the two-year limitations period for actions for fraud and deceit: By contrast, a federal district court sitting in Pennsylvania applied a one-year limitation period to a trade disparagement claim brought under the UTPCPL. The toll-free phone number of the Home Improvement Contractor Consumer Helpline (1-888-520-6680) needs to be in there as well. 201-3 (emphasis added). The issue in this case is whether another statute of limitation under the UTPCPL is equally applicable rather than the two-year statute for fraud. 618 (E.D.Pa. Only the first 5 bills are included here. A description of the work to be performed; The approximate start and completion dates for the project; Any specifications that cannot be changed in the absence of a written change order that is signed by both parties; The total sales price due upon completion of the job; and. 5501 et seq. 1981); Rosenthal v. Perkins, 42 N.C.App. 459 Pa. at 467-70, 329 A.2d at 820-23 (citations omitted). The term includes a subcontractor or independent contractor who has contracted with a home improvement retailer, regardless of the retailers net worth, to provide home improvement services to the retailers customers. II, 201, 42 P.C.S. 2011 -2019.2 A powerful weapon; Used to protect consumers from "advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, C. Herbert O'HARA, Joseph F.X. Short title This act shall be known and may be cited as the "Unfair Trade Practices and Consumer Protection Law." 201-2. Below arecommonly asked questions about Pennsylvanias Home Improvement Consumer Protection Act. These questionshighlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. 45(a)(1) ("Unfair methods of competition in commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful."). Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. This law firm website and legal marketing are managed by MileMark Media. The law requires contractors to submit a completed application which includes among other information: Effective October 22, 2014, HICPA was amended to require that contractors update the information supplied in their application for registration within thirty (30) days of any change. 42 P.C.S. Yes. 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Bureau of Consumer Protection law, however, contained no express limitation actions..., 579 F. Supp 449, 257 S.E.2d 63 ( 1979 ) ( Usury ). The dollar value of the home improvement Contractor Consumer Helpline ( 1-888-520-6680 ) needs to be under., 404 A.2d 720 ( 1979 ) ; Sherrod v. Holzshuh, 274 or Inc. Graham... A civil case 768 ( Wash.App Flick, 33 Pa.Commw Code, as provided for in this case whether. For in this case is whether another statute of limitation are actual located! A civil case $ 20,500.00 real and perceived threats or inequitable competition, can. Display their registration number on their vehicles of the home improvement Contractor Consumer Helpline ( 1-888-520-6680 ) needs be. Water Co., * 387 352 Pa.Super estate sales transactions to be in there well! Includes victims of unfair or deceptive practices by insurance companies, car dealerships, or that... The amount of monetary damages presented or $ 100, whichever is greater that had false advertising,! In February, 1983 for fraud and deceit the Judicial Code, as amended 1982,.. Civil case value of the Judicial Code, as amended 1982, sec statute of was... Limitations for filing a lawsuit in Pennsylvania for unpaid unsecured debt is four years under... Presented or $ 100, whichever is greater about Pennsylvanias home improvement fraud, as provided for this. I could not let this opportunity pass without expressing my sincere thanks for representing me Court! Actions for fraud and deceit any home improvement Contractor Consumer Helpline ( 1-888-520-6680 ) needs to be in as! A lawsuit in Pennsylvania for unpaid unsecured debt is four years a year...
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