A home improvement retailer having a net worth of more than $50,000,000 or an employee of that retailer that does not perform home improvements. The operative provision of the Unfair Trade Practices and Consumer Protection Law provides: "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . 374, 477 A.2d 491 (1984) (Public Adjuster Law); Pennsylvania Bankers Ass'n. [17] Id. 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. 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. C.P. A non-refundable application fee of $50.00, payable to Commonwealth of Pennsylvania. Section 517.2 - Definitions. Co. v. Greenspan, 360 Pa. 542, 63 A.2d 72 (1949). 1 P.C.S. Any home improvement contractor who is not registered is prohibited from offering or performing home improvements. In such a case, while the subcontractor who installs materials bought from the large retailer will be governed by the Act, the large retailer, in most particulars, will not be. These questionshighlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. Thank you Lou! A non-refundable fee of $50.00, payable to Commonwealth of Pennsylvania must accompany each application. The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. 358-A:1, N.D.Cent.Code 51-15-01; Okla.Stat.Ann. [9] The Unfair Trade Practices and Consumer Protection Laws of at least twenty-nine other states also apply to real estate transactions. at 8 (quoting a transmittal memorandum from the attorney general). Yes. Political subdivisions in Pennsylvania cannot separately license or register home improvement contractors after July 1, 2009, with the limited exception of licensing standards that are in effect on July 1, 2009, with respect to electricians, plumbers and other trades where licensing is conditioned on requirements of testing or possession of certificates obtained through specific training in electricity, plumbing or other trades. The Home Improvement Consumer Protection Act (HICPA) was adopted by Pennsylvanias General Assembly in October, 2008, and signed by the Governor as Act 132 of 2008. . Other bills that also amend the same statute are listed below. The law says that registration numbers must be included in all advertisements, contracts, estimates and proposals - how do I display my number? In addition, the Federal Trade Commission has invoked jurisdiction over real estate sales transactions. You should place your registration number in a spot where consumers will be able to see it and read it clearly. Short title This act shall be known and may be cited as the "Unfair Trade Practices and Consumer Protection Law." 201-2. 2608, the four-year limitations period of the UCC is applicable. Awards may also include things such as reimbursement of court and attorney fees. The amendment of appellants' complaint to include a claim for violation of the Unfair Trade Practices and Consumer Protection Law does plead a new cause of action, but also brings forth a consideration of another statute of limitations in addition to the two-year statute of limitation for common law fraud. The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. (xiv). (B) That the cost of the services to be performed under the time and materials provision may not exceed 10% above the dollar value indicated in the initial cost estimate. Home improvement includes all of the following activities when they are done in connection with land or a portion of the land adjacent to a private residence or a building or a portion of the building which is used or designed to be used as a private residence for which the total cash price of all work agreed upon between the contractor and owner is more than $500: No, the construction of a new home is not considered a home improvement under the law. The law also creates a criminal penalty for home improvement fraud, as defined by the statute. This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. Representing the product or service at a particular standard when it does not meet this standard. A home improvement contract can be voided by the homeowner if it fails to contain required terms, or if it contains prohibited terms. The Act drastically alters the regulatory environment of the home . seq., is replete with numerous definitions, requirements, prohibitions and penalties. 1051 et seq. Yes. The enforcement of this law falls under the jurisdiction of the Consumer Protection Bureau of the Pennsylvania Attorney General's office. The Act further provides that any violation of any of the provisions of the Act is deemed to be an Unfair Trade Practice under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. The law exempts from the registration requirements contractors who perform less than $5,000 worth of home improvements in a calendar year. are hereby declared unlawful.") 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. The law does not require contractors to show copies of their registration. E.g., Southwest Sunsites, Inc., 3 Trade Reg.Rep. What is the Home Improvement Consumer Protection Act? *384 Joseph C. Cascarelli, Philadelphia, for appellants. Home Improvement Consumer Protection Act Page 3 Amended 7.07.11 & 10.22.14 (b) Public access to registration information.--The bureau shall maintain a toll-free This would need to be pursued directly with a civil case. [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. This large list of offenses includes items such as: If you feel that you are a victim of unfair or deceptive practices, contact a lawyer that practices in this area of law, or the Pennsylvania Office of Attorney General Bureau of Consumer Protection. The law does not dictate where registration numbers must appear, however they must be clearly and conspicuously displayed. Click here to Register, Re-register, or Update, Send Drug and Child Predator Anonymous Tips, Community Drug Abuse Prevention Grant Program, ACRE Agriculture, Communities and Rural Environment, Pennsylvania State Coroners Education Board, Voters Rights in Effect at the Polling Places on Election Days. [7] Compare 73 P.S. 258, 478 A.2d 456 (1984). No sweeping changes in legal relationships were occasioned by the CPL, since prevention of deception and the exploitation of unfair advantage has always been an object of remedial legislation. Discuss and negotiate between the consumer and contractor for incremental payments as work progresses, with a final payment upon completion. *385 Before MONTEMURO, POPOVICH and CERCONE, JJ. Last Action: This bill amends the act of October 17, 2008 (P.L.1645, No.0132), known as the Home Improvement Consumer Protection Act - Enactment. Before that, there was no requirement that an agreement for home improvement be in writing. Like the North Carolina and Arizona Courts, we find that the application of the six-year "catchall" period of limitations will effectuate the broad remedial policies of the legislature in enacting this statute and ensure that those consumers injured by unfair or deceptive practices may pursue their rights under the UTPCPL. Thus, the statute of limitations for fraud and deceit claims cannot apply to the instant case as the court below incorrectly held because appellants' cause of action accrued in 1980, almost three years before the effective date of the two-year period of *396 limitations for fraud actions. Want High Quality, Transparent, and Affordable Legal Services? v. Commonwealth, 58 Pa.Commw. The court may order the business to compensate any business for its losses, typically by refunding the price of the purchased product or service. [7] 15 U.S.C. The toll-free phone number of the Home Improvement Contractor Consumer Helpline (1-888-520-6680) needs to be in there as well. This agency investigates consumer complaints and litigates those with merit. What needs to be in contracts for home improvements? This provision states: The following actions and proceedings must be commenced within two years: (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. But the Act does not apply to a person for whom the total cash value of all of that persons home improvements is less than $5,000.00 during the previous taxable year. Pa.R. 45(a)(1) ("Unfair methods of competition in commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful."). In the case sub judice, the denial of appellants' petition to amend their complaint to include an UTPCPL claim has the effect of putting appellants out of court on a cause of action they seek to litigate. 598.440; N.H.Rev.Stat.Ann. As we previously noted, the Unfair Trade Practices and Consumer Protection Law embraces actionable conduct which sounds in assumpsit as well as trespass and which parallel actions upon contracts as well as those arising in tort. In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. [14] 73 P.S. The Act also prohibits a home improvement contract from containing various terms, including the waiver of building code requirements, confession of judgment clauses, the waiver of a right to a jury trial, wage assignment clauses, provisions that the contractor be awarded attorneys fees and costs, and, perhaps most importantly, the waiver of any rights provided under the Act. Another ruling for those who violate deceptive trade practices may be an injunction against engaging in that business, either temporarily or permanently. . Act 2008-132 (S.B. Consequently, the impact of unfair or deceptive practices is greatest in this type of transaction. If there are subcontractors that are going to be working on the project, and are known at the time the contract is executed, their names, addresses, and phone numbers should be included as well. Section 517.8 - Home improvement fraud (a) Offense defined.-- A person commits the offense of home improvement fraud if, with intent to defraud or injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor: Seeking to amend their complaint to include an action under the Consumer Fraud Act in addition to their common law fraud claim, the plaintiffs argued that Arizona's three-year statute of limitations for fraud should apply. The term home improvement also does not include the services of a an Agriculture Department-certified landscaper except to the extent that the services include any of the installations noted above. Act No. 1941) (common law trademarks). 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 property, tangible or intangible, real, personal or mixed. 7 years (with 1 year extension if defect discovered in 7th year) No. The clause states whether the facts of the dispute and related documents are confidential. 170, 427 A.2d 730 (1981); Safeguard Inv. Statutes of limitations (time limits for filing your complaint) for civil lawsuits in Pennsylvania, including personal injury; false imprisonment; defamation; fraud; damage to personal property; professional malpractice; and trespassing. 800 East High StreetP.O. The Arizona Supreme Court affirmed. Act of March 27, 1713, 1 Sm.L. The statute also establishes minimum insurance requirements for contractors; requires contractors to provide their registration number in their ads and contracts; establishes required contract terms for home improvement contracts; prohibits unfair business practices; and creates a criminal penalty for home improvement fraud. Although the decision to grant or deny a petition to amend a pleading is a matter of judicial discretion, we have held that "[a]mendments should be allowed with great liberality at any stage of the case unless they violate the law or prejudice the rights of the opposing party. [11] 73 P.S. See Zerpol Corp. v. DMP Corp., 561 F. Supp. 1983) (disparagement action "protects economic interests by providing a remedy to one who suffers pecuniary loss from slurs affecting the marketability of his goods"). In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. Corp. v. Commonwealth, 44 Pa.Commw. 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