[7] Compare 73 P.S. 553, 561, 382 A.2d 762, 765 (1978) ("the Federal Trade Commission Act . ." In 2008, the Pennsylvania Legislature passed the Home Improvement Consumer Protection Act. The law says that registration numbers must be included in all advertisements, contracts, estimates and proposals - how do I display my number? Delaware. You must include the abbreviation PAand the number assigned to you (example: PA123456). 201-2(4)(ii) (confusion as to commercial source); id. [1] Appellants also filed on August 28, 1986 a writ of summons commencing a separate action pursuant to the Unfair Trade Practices and Consumer Protection Law so as to preserve their claim in the event their petition for leave to amend was denied. These prohibited acts include the failure to refund the amount paid for home improvements within ten days after demand if no substantial portion of the contract work has been performed at the time of the request, and if more than forty-five days have elapsed since the starting date specified in the written contract. You and your office staff are the "Creme de la Creme" of legal knowledge. Was this document helpful? 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. Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. Under the Home Improvement Consumer Protection Act, every contract for home improvements needs to be written, legible and signed by the consumer and the contractor (or their representatives). See Zerpol Corp. v. DMP Corp., 561 F. Supp. 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. (iii) (confusion caused by misleading tradenames). is regarded as a breach [sic] contract"). 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. This new statute, however, contained no express limitation on actions for fraud and deceit. 5527(6) (emphasis added). The text of the clause is written in all capital letters and in 12 point boldface type; The parties assent to be bound by the clause as evidenced by a dated signature; The provision states whether the decision of the arbitration is binding or can be appealed; and. Jurisdiction is relinquished. The UTPCPL contains a list of offenses that are deemed to be unfair competition or unfair methods and practices. Since section 201-9.2 of the UTPCPL provides for a civil action which is not subject to a limitations period, the Unfair Trade Practices and Consumer Protection Law is subject to the six-year "catchall" statute of limitations. mike vernon royal household; are there snakes in gran canaria; shooting in laurel, md yesterday. 253 (1979) (consent order against real estate developer for misrepresentations that homes were constructed free of defects and water drainage problems). are hereby declared unlawful." 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. 100). 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. Cunningham Packing v. Congress Financial Corp., 792 F.2d 330 (3rd Cir. 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 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. Meanwhile, Pennsylvania home improvement contractors should consult with their legal counsel before July 1, 2009 to ensure that they are in compliance with the Act prior to its effective date. Act of March 27, 1713, 1 Sm.L. Section 517.1 - Short title. *397 In Holley v. Coggin Pontiac, Inc., 43 N.C.App. Many homeowners dont know, however, that contractors are also prohibited from using deceptive or unfair practices in their dealings with homeowners by state law. 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 [4] This principle is, of course, subject to the qualification that an amendment may not add a new cause of action on which a particular statute of limitations has run. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. UpCounsel accepts only the top 5 percent of lawyers to its site. 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. Corp. v. Commonwealth, 44 Pa.Commw. How should I list the Bureau of Consumer Protection's phone number in my contracts? (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. 170, 427 A.2d 730 (1981); Safeguard Inv. This agency investigates consumer complaints and litigates those with merit. [15] Id. v. Commonwealth, 58 Pa.Commw. 76 (repealed by Act No. 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. However, if you do more than $5,000 worth of 'home improvement' work per year, you must register with the Attorney General's Office. We believe that this result is directly attributable to the sui generis nature of the Unfair Trade Practices and Consumer Protection Law since the statute encompasses an array of practices which might be analogized to passing off,[10] misappropriation,[11] trademark infringement,[12] disparagement,[13] false advertising,[14] fraud,[15] breach of contract,[16] and breach of warranty. The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P.S. 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. In Barr v. General Accident Group Ins. 53, 1978 Pa.Laws 202, 2). . Many attorneys that are filing suit for breach of contract or misrepresentation will also include charges under the Catchall clause in the UTPCPL. This law firm website and legal marketing are managed by MileMark Media. What Is a Pennsylvania Foreign Corporation? This approach, however, yielded inconsistent determinations. four-year limitation). Under Section 517.6 of the Act, this registration number must be included in all of the contractors advertisements, contracts, estimates and proposals created by the contractor after July 1, 2009. [14] 73 P.S. What should I do if my information changes after I register? Where should I put my registration number in my advertisements and contracts? The law establishes a mandatory registration program for contractors who offer or perform home improvements in Pennsylvania. 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. 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. What needs to be in contracts for home improvements? . & Com.Code Ann. Act 2008 Pa. Legis. Do you receive unwanted calls? Please remember to fill in the security code. . Under the Home Improvement Consumer Protection Act, any work performed under the emergency work provisions of Section 201-7 of Pennsylvanias Unfair Trade Practices and Consumer Protection Law is not considered a home improvement. 5, 213; Md.Com.Law Code Ann. The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. We agree for the reasons that follow. Appellants subsequently paid the full purchase price and took possession at settlement on August 29, 1980. Sign up for our free summaries and get the latest delivered directly to you. Yes. 2725(a). [2] Section 5524(7) of the Judicial Code, as amended 1982, sec. A link to that law is provided here. HICPA applies to contractors performing home improvements which costs $500 or more. (emphasis added). 6 years for contracts3 years for torts2 years for negligence. See Saunders, The Pennsylvania Automobile Lemon Law Uncharted Terrain, 57 Pa.B.A.Q. Do subcontractors who are paid directly by a general contractor and who never enter into contracts with consumers need to register? A separate line item recording any down payments. You need to enable JavaScript to run this app. 327, 546 P.2d 470 (1976). (1) "Documentary material" means the original or a copy of any book, record, report, memorandum, The bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. Appellants argue the sale of real estate falls within the purpose of the UTPCPL. 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. The registration number must be included not only in the more obvious forms of advertising, such as television, radio, newspaper and billboard advertising, but also on letterhead, business cards and promotional materials such as clothing and pens. 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. 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. 1979) (Pennsylvania Motor Vehicle Sales Finance Act); Pekular v. Eich, 355 Pa.Super. We find further support for our determination in the decisions of the courts of other states which have concluded likewise. 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. 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. It is a business responsibility to provide the written notice of cancellation, exactly as written in the law, otherwise if the consumer has not been notified of his rights, the entire contract may be voidable even after the three days has passed. All rights reserved. HICPA's protections also extend to more than a person's residence. Many Pennsylvania contractors attempt to limit a homeowners legal right to file suit in the event of a dispute by purposely including language that eliminate those rights in contractual agreements. 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. 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. Act 2008-132 (S.B. Accord Best v. Hammill Quinlan Realty Co., Inc., 18 D. & C.3d 31 (Wash. 1980). This would need to be pursued directly with a civil case. Section 517.5 - Application fees. The toll-free phone number of the Home Improvement Contractor Consumer Helpline (1-888-520-6680) needs to be in there as well. Pa.R. 1941) (common law trademarks). [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." to ensure the fairness of market transactions. 374, 477 A.2d 491 (1984) (Public Adjuster Law); Pennsylvania Bankers Ass'n. Act No. This new statute, however, contained no express limitation on actions for fraud and deceit. Section 517.4 - Procedures for registration as a contractor. 586 (E.D.Pa. 1982); Wilkinson v. Smith, 639 P.2d 768 (Wash.App. 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. (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. 1921(b). 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. 282, 286, 507 A.2d 1230, 1232 (1986) (citations omitted). 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. Pennsylvania's UTPCPL is modeled on the Federal Trade Commission Act. [22] We are unable, therefore, to characterize all the multifarious claims that may be brought under the UTPCPL as "fraud" or "deceit." Definitions As used in this act. 559 (1979) (consent order against realtor for nondisclosure of unavailability of sewage and water); Kaufman & Broad, Inc., 93 F.T.C. No. Yes. 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. The statute of limitations may be held in abeyance or tolled by the incapacity of one of the parties. 517.1 et. ; 52-584 ; 52-584a. In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. The law prohibits various unfair business practices such as abandoning a home improvement project or failing to complete the work. Creditors and credit Mixed Alaska Stat. 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. If the vehicle does not have advertising promoting the business, then the contractor is not required to display their registration number on the vehicle. Other bills that also amend the same statute are listed below. The district court held that the plaintiff's common law libel claim was time-barred by 42 P.C.S. 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. 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. 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. E.g., Southwest Sunsites, Inc., 3 Trade Reg.Rep. [20] Violations of several other statutes also constitute violations of the UTPCPL. Residential real estate is almost always a consumer's largest single purchase. 5524(7). Do engineers, architects, land surveyors, electrical contractors, master plumbers, locksmiths, burglar alarm businesses, fire alarm businesses, and similar businesses need to register? . 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. 367.110; Me.Rev.Stat.Ann. Anyone who has paid attention to the local newspapers over the past few years will recall the scandals and prosecutions of home improvement contractors gone bad of contracts not honored, and of unearned deposits not refunded. Please click here to contact us. These questionshighlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. The plaintiffs in Murry brought suit against a mortgage lender and a subdivision developer for damages sustained as a result of defects in their newly constructed house. 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. A non-refundable fee of $50.00, payable to Commonwealth of Pennsylvania must accompany each application. Does the law apply to home improvements done on commercial properties? 1-54(2). . Thus, any violation of the Act is subject to the award of not just actual damages, but also, potentially, treble damages and attorneys fees. [16] Id. 201-2(4)(i) (passing off goods or services as those of another) See Bisceglia Bros. Corp. v. Fruit Industries, 20 F. Supp. (quoting 51 Am.Jur.2d Limitations of Actions 63 (1970)). 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. (xiv). The definition of home improvement fraud also includes misrepresenting or concealing a contractors identity while soliciting a person to enter into an agreement for home improvement services, damaging a persons property with the intent to induce, encourage or solicit a person to enter into a contract for home improvement services, misrepresenting an item as a special order material or misrepresenting the cost of any special order material, and directly or indirectly publishing a false or deceptive advertisement in violation of the Act. 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. 724 (1972). Section 517.8 - Home improvement fraud. HICPA, or Home Improvement Consumer Protection Act imposes requirements on home improvement contractors. The contractor must provide proof of liability insurance covering personal injury in an amount not less than S50.000.00, and covering property damage caused by the work or the home improvement contractor in an amount not less than $50,000.00. C. Herbert O'HARA, Joseph F.X. 4. Inexplicably, the legislature, in enacting the UTPCPL failed to include a statute of repose for either actions for damages or injunctive relief under section 201-9.2. a time and materials provision wherein contractor and owner agree in writing to the performance of the home improvement by the contractor and payment for the home improvement by the owner, based on time and materials. 5522-5527. 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. You should place your registration number in a spot where consumers will be able to see it and read it clearly. Any claims not filed with the prescribed time period are deemed stale and time-barred. Instantly, the Legislature strove . The Act drastically alters the regulatory environment of the home . 201-2(4) of UTPCPL (enumerating unfair or deceptive acts or practices) with 15 U.S.C. 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. Do hardware stores or businesses that supply products and equipment used in home improvements need to register? [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. :The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). Definitions As used in this act. 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. (xi) (fictitious price cuts). Contractors with questions about the law can call or email: Pennsylvania Office of Attorney General Strawberry Square In addition, section 1961 of the Pennsylvania Automobile Lemon Law, 73 P.S. (i) The contractor shall provide an initial cost estimate in writing to the owner before any performance of the home improvement commences. 276, 513 A.2d 427 (1986) (Unfair Insurance Practices Act); Culbreth v. Lawrence J. Miller, 328 Pa.Super. You can explore additional available newsletters here. We are experienced in handling a variety of Consumer Protection cases. 17.45; Va.Code Ann. 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. The Pennsylvania Home Improvement Consumer Protection Act There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. 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. If the contract includes a time and materials provision: v. Lazin, 57 Pa.Commw. 75-24-3; Mo.Ann.Stat. 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. . 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. [18] 42 P.C.S. 1166, No. This action arose in connection with the purchase by appellants of the property from appellee. For cases applying these statutes to real estate transactions, see, e.g., Klotz v. Underwood, 563 F. Supp. 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. 1961, expressly provides "[a] violation of this act shall also be a violation of the [UTPCPL]." . Fasey Real Estate and Brian P. Cleere. 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. There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. Section 517.6 - Proof of registration. In determining what limitations period governed fraud claims that accrued after 1978 but before 1983, the court in A.J. pennsylvania cash consumer protection act pennsylvania cash consumer protection act (No Ratings Yet) . You already receive all suggested Justia Opinion Summary Newsletters. [11] 73 P.S. Act of December 17, 1968, No. Co., 360 Pa.Super. 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. [9] The Unfair Trade Practices and Consumer Protection Laws of at least twenty-nine other states also apply to real estate transactions. Another ruling for those who violate deceptive trade practices may be an injunction against engaging in that business, either temporarily or permanently. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. Do you need legal help with Pennsylvania unfair trade practices and consumer protection law? 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. 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. 2725(a) (U.C.C. 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. . Appellants contend that, there being no express limitation on private actions under the UTPCPL, and since their claims fall within the ambit of that statute, the six-year "catchall" limitations period of section 5527(6) of the Judicial Code, 42 P.C.S. 3 years for contracts2 years for torts. 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