For more detailed information regarding a registered contractor, please email us at hic@attorneygeneral.gov. The Pennsylvania Home Improvement Consumer Protection Act There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. 282, 286, 507 A.2d 1230, 1232 (1986) (citations omitted). Do you receive unwanted calls? ." 17.45; Va.Code Ann. In addition, the Federal Trade Commission has invoked jurisdiction over real estate sales transactions. 258, 478 A.2d 456 (1984). 1051 et seq. ch. 326, Art. . for those of another"). [14] 73 P.S. If you need help with Pennsylvania unfair trade practices and consumer protection law, you can post your legal need on UpCounsel's marketplace. This ruling greatly increases the range of UTPCPL and may encourage people to file suits in Pennsylvania to try to receive these protections, instead of filing in the state where the grievances occurred. N.C.Gen.Stat. 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. Is there an exemption for work performed by or on behalf of a charity or a non-profit corporation? shaka wear graphic tees is candy digital publicly traded ellen lawson wife of ted lawson pennsylvania cash consumer protection act. 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. Is new home building included in the law? v. Commonwealth, 58 Pa.Commw. 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. (3) A confession of judgment clause. You already receive all suggested Justia Opinion Summary Newsletters. You're all set! The term does not include any of the following: Anyone who owns or operates a home improvement business or who offers, performs, or agrees to perform home improvements in Pennsylvania must register with the Office of Attorney General unless they fall within two exceptions: small contractors (less than $5,000 of work in a calendar year) and large retailers (net worth or more than $50 million). The terms that are required to be in every home improvement contract, and provisions that cannot be included, are set forth in Section 517.7 of the law which you can review here. . 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. These contracts must also include important provisions like a description of the work; an approximate start date and completion date; the total price of the contract; and notice of the consumers right to cancel the contract. [2] Section 5524(7) of the Judicial Code, as amended 1982, sec. [5] Thus, although a claim under the UTPCPL brings forth a new cause of action, it also spawns a new statute of limitation period, to be discussed infra. 5527(6), applies. Employees of apartment buildings, condominiums, and community associations who are performing work on the property within the scope of their employment with these businesses do not need to register. Act of December 17, 1968, No. 276, 513 A.2d 427 (1986) (Unfair Insurance Practices Act); Culbreth v. Lawrence J. Miller, 328 Pa.Super. 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. For example: one of the parties to a simple loan transaction is sixteen years of age at the time that she loans fifty dollars to her friend who is nineteen. However if an employees perform home improvements on private residential properties on their own, outside the scope of their employment, and that works totals $5,000 or more in a calendar year, then the employee must register as a contractor. 201-3 (emphasis added). The Tri-County Area is no stranger to home improvement contract scams. 121 1/2, 261; Iowa Code Ann. The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P.S. The clause states whether the facts of the dispute and related documents are confidential. 73 P.S. If the vehicle does not have advertising promoting the business, then the contractor is not required to display their registration number on the vehicle. 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 The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. The Home Improvement Consumer Protection Act ("The Act") forever changed the relationship in Pennsylvania between home owners and those who agree to do home improvement. & Com.Code Ann. An Act providing for cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of . . 429 (E.D.Pa.1983), the action was for libel and for "[d]isparaging the goods, services or business of another by false or misleading representation of fact" under the Unfair Trade Practices and Consumer Protection Law. 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. Co. v. Greenspan, 360 Pa. 542, 63 A.2d 72 (1949). While it is likely take years for the courts to flesh out the details of the Act and interpret its many provisions, there can be no doubt that the Act will have broad consequences for both home improvement contractors and home owners. This section provides: Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation) must be commenced within six years. If a contractor has an ad for their business on their vehicle, the ad must include their registration number. 553, 559, 382 A.2d 762, 765 (1978). He articulated all of the details of my case very clearly and in a timely manner. See 73 P.S. It must be noted that the definition of home improvement fraud is more extensive than noted above, but cannot be cited fully due to the confines of space. Compare 73 P.S. 586 (E.D.Pa. 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. You and your office staff are the "Creme de la Creme" of legal knowledge. Corp. v. Commonwealth, 44 Pa.Commw. While it is rare that the court awards an amount over the actual damages sustained, the threat of this occurring will often help to resolve the case outside of court, as businesses don't want to risk this ruling. The term home improvement also includes construction, replacement, installation or improvement of driveways, swimming pools, porches, garage roofs, HVAC and solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, windows, awnings and waterproofing. 30, 36 (1986). If the contract includes a time and materials provision: If contractors wish to display it, they may but they are not required to do so. 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. Short title This act shall be known and may be cited as the "Unfair Trade Practices and Consumer Protection Law." 201-2. [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. 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. This approach, however, yielded inconsistent determinations. 5524(7). (vi) and (vii) (marketing of altered or inferior goods); id. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. Bait-and-switch practices: advertising without the intent of providing the advertising product or service, or not providing enough to supply expected demand, unless it is indicated that there is a limited supply, Promising a buyer referral compensation where the compensation is dependent on a future event, Soliciting telephone sales without stating the identity of the caller, the purpose of the call, and the nature of the promotion, Failing to adhere to the terms of a written guarantee given to the consumer, Catchall: any other deceptive or fraudulent act which is likely to confuse consumers. [17] Consequently, the use of the standard employed by the trial court in the case at bar to select a limitations period threatens a multiplicity of potentially applicable statutes of repose for UTPCPL actions. See Ariz.Rev.Stat.Ann. 6-13.1-1; S.C.Code Ann. v. Lazin, 57 Pa.Commw. Awards may also include things such as reimbursement of court and attorney fees. [21] Until 1983, fraud actions were subject to a six-year statute of limitations. The UTPCPL contains a list of offenses that are deemed to be unfair competition or unfair methods and practices. However, landscapers who perform other work at private residences including, but not limited to: the placement of retaining walls, fountains or drainage systems, or the construction, replacement, installation or improvement of buildings, driveways, swimming pools, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, non-decorative fences, doors, lighting systems, concrete walkways and windows must register and comply with the act. Do contractors need to display their registration number on their vehicles? . Consumersare able to call this number to check whether a contractor is registered with the Office of Attorney General. Any claims not filed with the prescribed time period are deemed stale and time-barred. 20, P.L. Appellants subsequently paid the full purchase price and took possession at settlement on August 29, 1980. Furthermore, these written agreements must contain the entirety of the agreement reached by the homeowner and the contractor in question. Does the law apply to home improvements done on commercial properties? See 13 P.S. 417, 404 A.2d 720 (1979) (Usury Statute). Before that, there was no requirement that an agreement for home improvement be in writing. 5522-5527. Id. [6]*389 Contrawise, appellee asserts that the sale of the real estate is not within the purview of the UTPCPL. See Saunders, The Pennsylvania Automobile Lemon Law Uncharted Terrain, 57 Pa.B.A.Q. are hereby declared unlawful." 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. Fasey Real Estate and Brian P. Cleere. Either the Pennsylvania Attorney General's office can pursue the issue, or the victim can file a civil claim. The amendment added a definition of time and materials: Time and materials. A construction practice where the contractor and owner agree that the contractor will perform the home improvement and the owner will pay the contractor under the home improvement contract based on the actual cost of labor at a specified hourly rate and the actual costs of materials and use of equipment, plus an agreed upon percentage of the total actual costs or a fixed amount, over and above the actual costs, to cover the contractors fee and overhead costs reasonably incurred in the performance of the home improvement. 517.1, et seq. How is emergency work handled under the Home Improvement Consumer Protection Act? A non-refundable fee of $50.00, payable to Commonwealth of Pennsylvania must accompany each application. [20] A uniform statute of limitations for the UTPCPL is required to preclude such uncertainty and inconsistency. No. 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, (ix) and (x) (bait advertising); id. This would need to be pursued directly with a civil case. 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. Our attorneys at Wolf, Baldwin & Associates are able to answer your questions regarding these matters. Nor does the term include the sale of appliances, such as stoves, refrigerators, freezers and room air conditioners, which are designed for and are easily removable from the premises without material alteration. There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. What is the toll-free telephone number for the Bureau of Consumer Protection that needs to be included in home improvement contracts? 13-101 & 102; Mass.Code Ann. Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. For instance, if you were assigned PA000372, you may list your number that way, or simply use PA372. v. The Arizona Supreme Court affirmed. 459 Pa. at 467-70, 329 A.2d at 820-23 (citations omitted). [23] "When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit." This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. 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. The law requires that all contractors who perform at least $5,000 worth of home improvements per year register with the Attorney General's Office. 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. 34-5-10; Tex.Bus. If you continue to experience difficulties using our search function, please call 1-888-520-6680. . The statute of limitations . The act also requires all contracts for home improvements of more than $500 to be in writing and be signed by the consumer and the contractor. Pennsylvania's UTPCPL is modeled on the Federal Trade Commission Act. (emphasis added). 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: 517.1 et. [22] We are unable, therefore, to characterize all the multifarious claims that may be brought under the UTPCPL as "fraud" or "deceit." Pennsylvania Rule of Civil Procedure 1033 provides that "[a] party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party, or amend his pleading." You can explore additional available newsletters here. The defendant in that case argued that the treble damages provision of the statute was analogous to a penalty and that therefore the one-year statute of limitations for "an action of proceeding . 3 years for contracts2 years for torts. Harrisburg, PA 17120 449, 257 S.E.2d 63 (1979); Sherrod v. Holzshuh, 274 Or. 1984), it was held that "[i]f a leasehold of real estate is covered by the Consumer Protection Law, there is no reason why guarantees given in connection with the sale of real estate should not also be covered." 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. In determining what limitations period governed fraud claims that accrued after 1978 but before 1983, the court in A.J. Jurisdiction is relinquished. Act 2008-132 (S.B. 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. Pennsylvania Secretary of State Business Search, Representation that the product or service has features or qualities that it does not actually have, Representing items as new if they are actually used. Where should I put my registration number in my advertisements and contracts? See Home Life Ins. (xv) (misrepresentation) id. The term also does not include the sale of services furnished for a commercial or business use or for resale if the service takes place somewhere other than at a private residence. For a full discussion and comparison of state unfair competition statutes, see generally, Sibert, Enforcement of State Deceptive Trade Practice Statutes, 42 Tenn.L.Rev. Contracts must also include important provisions, including the total price of the project; estimated start and completion dates; and a description of the work. Creditors and credit Mixed Alaska Stat. The law prohibits various unfair business practices such as abandoning a home improvement project or failing to complete the work. 106-1202(c); Idaho Code Ann. Only the first 5 bills are included here. The Home Improvement Consumer Protection Act only applies to work done in connection with a private residence, which term includes a single family dwelling, a multifamily dwelling consisting of not more than two units, or any single unit located within any multifamily dwelling, including condominiums and co-op units. The trial court denied the motion on the grounds that the claim was time-barred by the one-year "catchall" limitation. 52-576 et seq. Click here for more information. [22] See supra notes 10-17 and accompanying text. If you were misled or defrauded by a home contractor, you could be entitled to compensation for your losses. 646.605; R.I.Gen.Laws Ann. What information is required to register? Those filing under the UTPCPL can be awarded the amount of monetary damages presented or $100, whichever is greater. 45(a)(1). The law does not require contractors to show copies of their registration. 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. 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. 326, 1982 Pa.Laws 1409, 1440. 1981); Rosenthal v. Perkins, 42 N.C.App. [7] Compare 73 P.S. Was this document helpful? 59.1-198; Wash. Rev.Code Ann. HICPA's protections also extend to more than a person's residence. The language of section 5527(6) of the Judicial Code, however, is clear and unambiguous[23] as to what period of limitation shall apply in such instances: "Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation [must be commenced within six years]." 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. The court may order the business to compensate any business for its losses, typically by refunding the price of the purchased product or service. 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. 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. Definitions As used in this act. To learn more about the legal remedies available to you under the Pennsylvania Home Improvement Consumer Protection Act, please contact an experienced Philadelphia home contractor fraud lawyer today. In addition, the Act at Section 517.7 requires that in order for a home improvement contract to be valid and enforceable against the owner of residential real estate, that contract must be in the form of a signed writing bearing the contractors registration number. In Barr v. General Accident Group Ins. 30-14-102; Neb.Rev.Stat. 229, 259 S.E.2d 1 (1979), the Court of Appeals of North Carolina was required to determine the appropriate statute of limitations for the North Carolina Unfair Trade Practices Statute. 100). On or about June 19, 1980, appellants agreed to purchase the premises for the sum of $20,500.00. (D) A statement that the cost of the services to be performed under the time and materials provision shall not be increased over the initial cost estimate plus a 10% increase without a written change order signed by the owner and contractor. Why must a home improvement contract contain the 3-day cancellation notice? In order to avoid confusion, the Act requires that the amount of the down payment and the cost of special order materials be listed separately. 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. Below arecommonly asked questions about Pennsylvanias Home Improvement Consumer Protection Act. 42 P.C.S. Because the remedy of this statute is analogous to an action for revocation of acceptance under section 2608 of the Uniform Commercial Code, 13 P.C.S. . The premises were previously owned by appellee. In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. The Act also prohibits a contractor from changing the contract specifications without a written change order signed by both the owner and contractor. (2) A waiver of Federal, State or local health, life, safety or building code requirements. 724 (1972). Your professionalism and understanding that bad things sometimes happen to good people along with understanding relationships were key elements in convincing Judge Thomasine Tynes to dismiss my case. The Act took effect on July 1, 2009. 75-1.1 et seq. [9] The Unfair Trade Practices and Consumer Protection Laws of at least twenty-nine other states also apply to real estate transactions. 201-1 et seq. 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. 714.16(1)(b); Kan.Stat.Ann. . Want High Quality, Transparent, and Affordable Legal Services? Since unfair or deceptive acts or practices in the sale of real property are expressly declared unlawful, there is no merit to appellee's assertion to the contrary. 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pennsylvania home improvement consumer protection act statute of limitations