If these individuals/businesses perform home improvements including, but not limited to, repairs, replacements, remodeling, installations, alterations, or improvements on private residences, these individuals/businesses are considered contractors under the law and must register and comply with the act. The law does not grandfather existing businesses. . Yes. ch. 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. (quoting 51 Am.Jur.2d Limitations of Actions 63 (1970)). 517.1 et. Id. Pennsylvania Criminal Statute of Limitations 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 Home Improvement Consumer Protection Act provides Pennsylvania residents with a wide range of protections, many of which pertain to agreements between contractors and homeowners. . In addition, the Federal Trade Commission has invoked jurisdiction over real estate sales transactions. Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services. Thus, any violation of the Act is subject to the award of not just actual damages, but also, potentially, treble damages and attorneys fees. PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 201-1. 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. See Home Life Ins. Do contractors need to show their registration to their customers or display the registration in their business? 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). Pennsylvania does not have a state license to work as a handyman. [9] That sales of real property *392 would be protected by the UTPCPL is consonant with its broad remedial purposes. 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. . Id., 459 Pa. at 460, 329 A.2d at 816 (footnote omitted). and the Lantram Trademark Act were models for Pennsylvania's (UTPCPL)"). Those filing under the UTPCPL can be awarded the amount of monetary damages presented or $100, whichever is greater. This new statute, however, contained no express limitation on actions for fraud and deceit. The Tri-County Area is no stranger to home improvement contract scams. 25 Feb/23. 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. [10] 73 P.S. 93A, 1(b) & 9(1); Mich.Stat.Ann. At issue in this matter is the appropriate statute of limitations for private actions under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). Many homeowners don't know, however, that contractors are also prohibited from using deceptive or unfair practices in their dealings with homeowners by state law. However, if you do more than $5,000 worth of 'home improvement' work per year, you must register with the Attorney General's Office. 232, 237, 426 A.2d 712, 717 (1981); Commonwealth v. Kane, 33 Pa.Commw. (CCH) 22, 226 (1985) (cease and desist order against real estate developer for misrepresenting actual land values); Las Animas Ranch, Inc., 3 Trade Reg.Rep. mike vernon royal household; are there snakes in gran canaria; shooting in laurel, md yesterday. For example, contractors are not permitted to waive federal, state, or local health, safety, or building code requirements. 17.45; Va.Code Ann. as being based on the Federal Trade Commission Act"); Commonwealth v. Flick, 33 Pa.Commw. 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. Please contact dedicated home contractor fraud attorney Louis S. Schwartz at CONSUMERLAWPA.com today to learn more about your legal options. *385 Before MONTEMURO, POPOVICH and CERCONE, JJ. [7] 15 U.S.C. 73 P.S. The statute of limitations . However, contractors must include their registration number in their advertisements, contracts, estimates and proposals. A separate line item recording any down payments. 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. 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. (3) A confession of judgment clause. Act of December 17, 1968, No. You must include the abbreviation PAand the number assigned to you (example: PA123456). Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 462, 329 A.2d 812, 817-18 (1974) (the UPTCLP "has regularly been interpreted. 121 1/2, 261; Iowa Code Ann. The law does not require contractors to show copies of their registration. Either the Pennsylvania Attorney General's office can pursue the issue, or the victim can file a civil claim. All our Thanks and Sincerity", "Dealing with Lou Schwartz has been a seamless experience. 76 (repealed by Act No. [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. If you were misled or defrauded by a home contractor, you could be entitled to compensation for your losses. In 2008, the Pennsylvania Legislature passed the Home Improvement Consumer Protection Act. A link to that law is provided here. The failure to register is a violation of the law and unregistered contractors face legal action, including civil penalties of $1,000 or more. C. Herbert O'HARA, Joseph F.X. 201-2(3) (emphasis added). 100). In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. Home improvement fraud is defined to include a number of related offenses, including the making of false or misleading statements to induce, encourage or solicit one to enter into a written or oral agreement for home improvement services, receiving advance payments for performing home improvement services and failing to perform or provide those services or materials when specified in the contract, with exceptions for force majeure or unforeseen labor strikes. . These questions highlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. 1982); Wilkinson v. Smith, 639 P.2d 768 (Wash.App. 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. Attorney's use this law to demand justice against both real and perceived threats. Click here for more information. [16] Id. 7 years (with 1 year extension if defect discovered in 7th year) No. [20] A uniform statute of limitations for the UTPCPL is required to preclude such uncertainty and inconsistency. Appellants are individuals and owners of residential property located at 5714 Marshall Street in Philadelphia. 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. (i) The contractor shall provide an initial cost estimate in writing to the owner before any performance of the home improvement commences. 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. The district court held that the plaintiff's common law libel claim was time-barred by 42 P.C.S. 358-A:1, N.D.Cent.Code 51-15-01; Okla.Stat.Ann. 5, 213; Md.Com.Law Code Ann. are hereby declared unlawful." are hereby declared unlawful.") 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. (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. See, e.g., Bolden v. Potamkin-Auerbach Chevrolet, Inc., 470 F. Supp. 5523 which imposes a one-year limitation upon libel actions. Yes, subcontractors who perform home improvements must register even if they do not enter agreements directly with consumers. 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. 5524(7). Yes. 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. 553, 561, 382 A.2d 762, 765 (1978) ("the Federal Trade Commission Act . 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. . 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. 1986), held that the six-year "catchall" statute of limitations was applicable. See Saunders, The Pennsylvania Automobile Lemon Law Uncharted Terrain, 57 Pa.B.A.Q. Many homeowners dont know, however, that contractors are also prohibited from using deceptive or unfair practices in their dealings with homeowners by state law. 374, 477 A.2d 491 (1984) (Public Adjuster Law); Pennsylvania Bankers Ass'n. Barr, supra, 520 A.2d at 490. 3101, et seq. with 15 U.S.C. (xv) (misrepresentation) id. tit. Section 517.3 - Registration of contractors. [20] Violations of several other statutes also constitute violations of the UTPCPL. If a home improvement contract contains any of the following clauses, the home improvement contract shall be voidable by the owner: (1) A hold harmless clause. 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 trial court denied the motion on the grounds that the claim was time-barred by the one-year "catchall" limitation. 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. Frank and Theresa GABRIEL, h/w, Appellants, 1982); Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535 (Tex. Del Turco v. Peoples Home Savings Ass'n., 329 Pa.Super. (CCH) 21, 840 (1981) (restitution order for real estate buyers for misrepresentations as to quality of land, location of lots and availability of utilities); Cavanaugh Communities Corp., 93 F.T.C. This approach, however, yielded inconsistent determinations. 586 (E.D.Pa. In addition, search results will only display approved registrations. In short, no home improvement contractor will be permitted to use any form of advertising or promotional material that does not allow the consumer to trace that contractor through a registration number to the Pennsylvania Bureau of Consumer Protection. Yes. A non-refundable fee of $50.00, payable to Commonwealth of Pennsylvania must accompany each application. If contractors wish to display it, they may but they are not required to do so. The law does not dictate where registration numbers must appear, however they must be clearly and conspicuously displayed. 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. 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. Share it with your network! 1941) (common law trademarks). Where should I put my registration number in my advertisements and contracts? Check or add your phone numbers to the Pennsylvania Do Not Call Registry. The law also creates a criminal penalty for home improvement fraud, as defined by the statute. . 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. You can explore additional available newsletters here. [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. 15, 752; Or.Rev.Stat. Bob and I were truly confident you would put us on the right path. 40-12-102. statute and other law Strong The statute does not contain any restrictions on class actions. For instance, under this state law, only agreements that are in writing are considered legally enforceable. ." See 13 P.S. See 73 P.S. 800 East High StreetP.O. On or about June 19, 1980, appellants agreed to purchase the premises for the sum of $20,500.00. It is recommendedthat you carefully review theHome Improvement Consumer Protection Actand consult with a private attorney if you have any questions about the law or need legal advice. (ix) and (x) (bait advertising); id. While the Act does not provide the Bureau of Consumer Protection with discretion to deny the issuance of a license to anyone who has paid the required S50.00 application fee and provided the required information, the Act does provide for public access to registration information (excluding Social Security number, drivers license number and other such confidential information) by a toll-free telephone number and by posting on the Bureaus internet website. 598.440; N.H.Rev.Stat.Ann. Was this document helpful? Once registered, you will get a certificate and an official Pennsylvania Home Improvement Contractor number. 53, 1978 Pa.Laws 202, 2). 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 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. 327, 546 P.2d 470 (1976). 459 Pa. at 467-70, 329 A.2d at 820-23 (citations omitted). HOA LAWS AND REGULATIONS. 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. 449, 257 S.E.2d 63 (1979); Sherrod v. Holzshuh, 274 Or. Harrisburg, PA 17120 [13] 73 P.S. 3 years for contracts2 years for torts. 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. 201-2(4)(viii). Another ruling for those who violate deceptive trade practices may be an injunction against engaging in that business, either temporarily or permanently. Any changes should be reported to the Bureau, including, but not limited to, changes in: The number is 1-888-520-6680. at 625. 5524(7). Landscapers whose work is limited to services performed under Pennsylvanias Plant Pest Act do not need to register. The UTPCPL supplements rather than supplants traditional common law remedies with per se liability for a variety of unfair trade practices.[8]. Please note that this exception is limited to emergencies meeting the criteria set forth in Section 201-7 of the Unfair Trade Practices and Consumer Protection Law and the contractor must obtain the emergency waiver required by the law in each case. Although we have no appellate decision in our courts specifically addressing this issue, our sister courts of common pleas have expressed a view on this question. N.C.Gen.Stat. [14] 73 P.S. 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