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. 553, 561, 382 A.2d 762, 765 (1978) ("the Federal Trade Commission Act . Please remember to fill in the security code. shall be liable to a civil action by any person doing business in the locality falsely indicated as that of origin or in the region which said locality is situated, or by any person who believes that he is or is likely to be damaged by the use of such false description or representation. This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. 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. See, e.g., Bolden v. Potamkin-Auerbach Chevrolet, Inc., 470 F. Supp. 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. The district court held that the plaintiff's common law libel claim was time-barred by 42 P.C.S. See Pa.Senate Leg.J., June 28, 1976, at 1798 (Sen. Zemprelli) ("deals with a matter which . [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. Thus, if a six-year statute of limitation is allowable for UTPCPL claims, appellants' claim for treble damages and reasonable attorney's fees, although under UTPCPL, would justify an amended complaint pursuant to section 201-9.2(a) of the statute: Thus, while appellants would not technically be out of court because the claims for fraud and breach of contract and warranty were timely filed, the de facto result would be that appellants would be precluded from seeking recovery of damages and attorney's fees to which they may be entitled under the UTPCPL. It appears that the Pennsylvania legislature has heard those stories as well, for on July 1, 2009, a new Home Improvement Consumer Protection Act will take effect in the Commonwealth of Pennsylvania. Definitions As used in this act. . 93A, 1(b) & 9(1); Mich.Stat.Ann. The law allows for anyone who lost money or property due to businesses engaging in unjust practices to bring suit. 445.902; Miss.Code Ann. You and your office staff are the "Creme de la Creme" of legal knowledge. Cf. In fact, this state law also applies to construction done on swimming pools, porches, driveways, garages, patios, fences, and sheds. You already receive all suggested Justia Opinion Summary Newsletters. The Pennsylvania Home Improvement Consumer Protection Act provides Pennsylvania residents with a wide range of protections, many of which pertain to agreements between contractors and homeowners. 44-1521; Colo.Rev.Stat.Ann. to ensure the fairness of market transactions. 564, 568 (E.D.Pa. 417, 404 A.2d 720 (1979) (Usury Statute). Other bills that also amend the same statute are listed below. See Saunders, The Pennsylvania Automobile Lemon Law Uncharted Terrain, 57 Pa.B.A.Q. In determining what limitations period governed fraud claims that accrued after 1978 but before 1983, the court in A.J. 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. Is new home building included in the law? Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. . (emphasis added). 459 Pa. at 467-70, 329 A.2d at 820-23 (citations omitted). The bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. at 625. How can I advise consumers of their cancellation rights? [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. 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. 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. *385 Before MONTEMURO, POPOVICH and CERCONE, JJ. A prerequisite to the prosecution of a private enforcement action under the Unfair Trade Practices and Consumer Protection Law is that the action must come within the protection of the statute. (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. 5527(6), applies. 404, 408 (E.D.Pa. The law prohibits various unfair business practices such as abandoning a home improvement project or failing to complete the work. In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. Connecticut. 6, 2511; Ga.Code Ann. & Com.Code Ann. Any claims not filed with the prescribed time period are deemed stale and time-barred. Corp. v. Commonwealth, 44 Pa.Commw. For example, contractors are not permitted to waive federal, state, or local health, safety, or building code requirements. Informs the consumer in writing that any cost beyond the contract price (initial cost estimate plus 10%) must be agreed to by the homeowner in a written change order. Why must a home improvement contract contain the 3-day cancellation notice? *384 Joseph C. Cascarelli, Philadelphia, for appellants. The law exempts from the registration requirements contractors who perform less than $5,000 worth of home improvements in a calendar year. 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. What should I do if my information changes after I register? This action arose in connection with the purchase by appellants of the property from appellee. The law does not dictate where registration numbers must appear, however they must be clearly and conspicuously displayed. 45.50.481(a)(1) says that the statute does not apply to "an act or transaction regulated under laws administered by the state, by a regulatory board or commission except as The clause states whether the facts of the dispute and related documents are confidential. You're all set! [21] Even if we were to conclude that all actions brought pursuant to the UTPCPL sounded in deceit or fraud, what with appellants' additional claims under UTPCPL the six-year "catchall" limitation of section 5527(6) would be applicable. Pa.R. 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 instance, if you were assigned PA000372, you may list your number that way, or simply use PA372. 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. 59-1601; Nev.Rev.Stat.Ann. Initially, we must determine whether the order denying amendment of appellants' complaint is appealable. v. Lazin, 57 Pa.Commw. (xi) (fictitious price cuts). What needs to be in contracts for home improvements? Without regard to affixation, the installation of central heating, air conditioning, storm windows or awnings. Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. . You can explore additional available newsletters here. The essence of appellants' assertions were that the existence of the defects constituted a breach of the agreement of sale and that appellee falsely represented the quality of the premises and failed to disclose the existence of the defects. Registration does not imply endorsement.. :The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). Please click here to contact us. The UTPCPL contains a list of offenses that are deemed to be unfair competition or unfair methods and practices. Once registered, you will get a certificate and an official Pennsylvania Home Improvement Contractor number. 559 (1979) (consent order against realtor for nondisclosure of unavailability of sewage and water); Kaufman & Broad, Inc., 93 F.T.C. [11] 73 P.S. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 467, 329 A.2d 812, 820 (1974). In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. 73 P.S. 598.440; N.H.Rev.Stat.Ann. Below arecommonly asked questions about Pennsylvanias Home Improvement Consumer Protection Act. 34-5-10; Tex.Bus. The Act, located at 73 Pa.C.S. 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 . For cases applying these statutes to real estate transactions, see, e.g., Klotz v. Underwood, 563 F. Supp. 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: 4. What is the Home Improvement Consumer Protection Act? Five years pass, and the lender wants to collect his money. *398 Confronted by the same issue in Murry v. Western American Mortgage Co., 124 Ariz. 387, 604 P.2d 651 (1979), the Arizona Supreme Court applied that state's one-year "catchall" limitations period to the Arizona Consumer Fraud Act. All rights reserved. . The Act at Section 517.8 also makes home improvement fraud a criminal offense, punishable as either a felony of the third degree or a misdemeanor of the first degree, depending upon the nature of the violation and the amount involved. The law does not grandfather existing businesses. Stat. . While the UTPCPL governs only Pennsylvania businesses, the Supreme Court recently ruled that it does also apply to acts of Pennsylvania-based companies, even if these acts happen outside of Pennsylvania. Frank and Theresa GABRIEL, h/w, Appellants, Such requirements include contractors' registering with Pennsylvania's Office of Attorney General, obtaining a registration number, and paying the necessary registration fees. 30, 36 (1986). Id., 459 Pa. at 460, 329 A.2d at 816 (footnote omitted). 6 years (from earliest of various dates specified in the statute) No. Id. Yes: HICPA was amended on October 22, 2014, to allow contractors to offer time and materials contracts to Pennsylvania consumers, provided the contractor: Informs the consumer in writing that the time and materials contract will not exceed 10% above an initial cost estimate agreed to by the homeowner; and. 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. four-year limitation). Any contractor who offers or performs home improvements in Pennsylvania must comply with the law. 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. 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. ", "I could not let this opportunity pass without expressing my sincere thanks for representing me in court. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. The first major restriction of the Act is set out at Section 517.3, which provides that no person shall hold themself out as a contractor, nor shall a person perform any home improvement without first registering with the Bureau of Consumer Protection of the Office of the Pennsylvania Attorney General. Check or add your phone numbers to the Pennsylvania Do Not Call Registry. . Was this document helpful? An Act providing for cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of . . Additionally, the Court was mindful of the consequences of a contrary interpretation as well as the intent of the legislature: Id., 459 Pa. at 474, 478, 329 A.2d at 824, 826. 6-1-102; Conn.Gen.Stat.Ann. 3101, et seq. 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