I was pleased with the results and would highly recommend his service to anyone seeking consumer help. 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. The law does not grandfather existing businesses. Act 2008-132 (S.B. [11] 73 P.S. HICPA was enacted to regulate home improvement contracts and to prohibit certain acts in the home improvement industry. 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. 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 . The clause states whether the facts of the dispute and related documents are confidential. 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. "Trade" and "commerce" are defined by section 201-2(3) to include "the advertising, offering for sale, sale or distribution of any . . All rights reserved. The trial court denied the motion on the grounds that the claim was time-barred by the one-year "catchall" limitation. 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 . You're all set! 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. Our resolution of this question is premised upon consideration of the intention and objectives of the UTPCPL. 42-110b; Del.Code tit. The timely appeal of this important question followed. 1982); Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535 (Tex. The remedies of the UTPCPL are not exclusive but in addition to these other remedies. The statute of limitations may be held in abeyance or tolled by the incapacity of one of the parties. Section 517.3 - Registration of contractors. 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. 19.86.010; Wyo.Stat.Ann. (A) The dollar value of the initial cost estimate for the services to be performed under the time and materials provision. Finally, the Act sets forth a number of prohibited acts which, though not necessarily constituting crimes, can result in the imposition of civil liability. We agree for the reasons that follow. Many homeowners dont know, however, that contractors are also prohibited from using deceptive or unfair practices in their dealings with homeowners by state law. . Definitions As used in this act. Unconvinced, the Court stated: Id. 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. [22] See supra notes 10-17 and accompanying text. On or about June 19, 1980, appellants agreed to purchase the premises for the sum of $20,500.00. 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. At the very least, these contracts must include the following information: Home contractors who fail to comply with these rules can be held liable if their actions resulted in harm to a homeowner, so if you recently entered into an agreement with a contractor and believe that you were taken advantage of, you should call an experienced attorney who can explain your legal options. (iii) (confusion caused by misleading tradenames). N.C.Gen.Stat. Creditors and credit Mixed Alaska Stat. Accordingly, the order of the *399 trial court is reversed and permission to amend the complaint is granted. Five years pass, and the lender wants to collect his money. 445.902; Miss.Code Ann. 276, 513 A.2d 427 (1986) (Unfair Insurance Practices Act); Culbreth v. Lawrence J. Miller, 328 Pa.Super. 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. *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. of the goods of one vendor . There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. 201-3 (emphasis added). v. Lazin, 57 Pa.Commw. 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 . 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. A person for whom the total cash value of all of that persons home improvements is less than $5,000 during the previous taxable year. 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. 5527(6) (emphasis added). 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. This approach, however, yielded inconsistent determinations. Was this document helpful? 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. (i) The contractor shall provide an initial cost estimate in writing to the owner before any performance of the home improvement commences. v. Commonwealth, 58 Pa.Commw. 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. 201-2(4)(i) (passing off goods or services as those of another) See Bisceglia Bros. Corp. v. Fruit Industries, 20 F. Supp. [10] 73 P.S. Pennsylvania law allows third party collection agencies and original creditors to file a lawsuit for unpaid medical bills. We are experienced in handling a variety of Consumer Protection cases. 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. [18] 42 P.C.S. Does the law apply to home improvements done on commercial properties? Such requirements include contractors' registering with Pennsylvania's Office of Attorney General, obtaining a registration number, and paying the necessary registration fees. The UTPCPL contains a list of offenses that are deemed to be unfair competition or unfair methods and practices. Are there additional requirements in the act besides the registration requirement? Is new home building included in the law? Jurisdiction is relinquished. 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. 618 (E.D.Pa. Do hardware stores or businesses that supply products and equipment used in home improvements need to register? Yet other types of actions, such as actions under Pennsylvania's Unfair Trade Practice and Consumer Protection Law, have a six-year statute of limitations. The broad construction mandated by the core concerns of the legislature in enacting the UPTCPL allowed our Supreme Court in Commonwealth v. Monumental Properties, supra, to hold that the leasing of residential real *390 estate was within the purview of the statute's intendment. 1983) (disparagement action "protects economic interests by providing a remedy to one who suffers pecuniary loss from slurs affecting the marketability of his goods"). [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. (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. Appellants subsequently paid the full purchase price and took possession at settlement on August 29, 1980. As such, the Court adopted North Carolina's three-year "catchall" statute of limitations, adding "that where there is doubt as to which statute of limitations should apply, the longer statute should be chosen." Pennsylvania's statutes of limitation are actual statutes located at 42 Pa.C.S.A. [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. 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. You do not need to include extra zeroes which come before your number but you must have these letters and your actual registration number. For example, contractors are not permitted to waive federal, state, or local health, safety, or building code requirements. You already receive all suggested Justia Opinion Summary Newsletters. Id. 34-5-10; Tex.Bus. 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. . No. What Is a Pennsylvania Foreign Corporation? See also Pennsylvania Retailers Ass'n. 121 1/2, 261; Iowa Code Ann. The Act, located at 73 Pa.C.S. 258, 478 A.2d 456 (1984). Appellants are individuals and owners of residential property located at 5714 Marshall Street in Philadelphia. 100). shaka wear graphic tees is candy digital publicly traded ellen lawson wife of ted lawson pennsylvania cash consumer protection act. 40-12-102. (2) A waiver of Federal, State or local health, life, safety or building code requirements. is regarded as a breach [sic] contract"). 326, 1982 Pa.Laws 1409, 1440. [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. 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. Residential real estate is almost always a consumer's largest single purchase. Under the law, a home improvement contractor is defined as: Any person who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement. 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. Thus, any violation of the Act is subject to the award of not just actual damages, but also, potentially, treble damages and attorneys fees. The district court held that the plaintiff's common law libel claim was time-barred by 42 P.C.S. 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. 5527(6). 17.45; Va.Code Ann. Before that, there was no requirement that an agreement for home improvement be in writing. 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. 517.1, et seq. Many attorneys that are filing suit for breach of contract or misrepresentation will also include charges under the Catchall clause in the UTPCPL. Co. v. Greenspan, 360 Pa. 542, 63 A.2d 72 (1949). 201-2(4) of UTPCPL (enumerating unfair or deceptive acts or practices) with 15 U.S.C. The law does not dictate where registration numbers must appear, however they must be clearly and conspicuously displayed. ." as being based on the Federal Trade Commission Act"); Commonwealth v. Flick, 33 Pa.Commw. Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. [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. . (xi) (fictitious price cuts). . . 1961, expressly provides "[a] violation of this act shall also be a violation of the [UTPCPL]." Although it is not required by the law, you can more fully explain the meaning of the number to consumers in your advertisements and in contracts, by displaying the number as: Pennsylvania Home Improvement Contractor Registration Number: PA123456. 15, 752; Or.Rev.Stat. 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. ", "I could not let this opportunity pass without expressing my sincere thanks for representing me in court. Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern homeowners' associations, condominiums, and other residential properties in Pennsylvania.. Pennsylvania Uniform Condominium Act (UCA), Pa. Cons. Attorney's use this law to demand justice against both real and perceived threats. 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. 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. Registration Requirement [20] Violations of several other statutes also constitute violations of the UTPCPL. If you were misled or defrauded by a home contractor, you could be entitled to compensation for your losses. 73 P.S. On July 1, 2009, a new consumer protection law goes into effect. 459 Pa. at 467-70, 329 A.2d at 820-23 (citations omitted). 5522-5527. Instantly, the Legislature strove . See 73 P.S. All our Thanks and Sincerity", "Dealing with Lou Schwartz has been a seamless experience. 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. (xv) (misrepresentation) id. In addition, the Federal Trade Commission has invoked jurisdiction over real estate sales transactions. Representing the product or service at a particular standard when it does not meet this standard. 52-576 et seq. Why must a home improvement contract contain the 3-day cancellation notice? . 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. However, if you do more than $5,000 worth of 'home improvement' work per year, you must register with the Attorney General's Office. 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. A link to that law is provided here. In addition, section 1961 of the Pennsylvania Automobile Lemon Law, 73 P.S. 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. . 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