pennsylvania home improvement consumer protection act statute of limitations
Consumersare able to call this number to check whether a contractor is registered with the Office of Attorney General. Such requirements include contractors' registering with Pennsylvania's Office of Attorney General, obtaining a registration number, and paying the necessary registration fees. 276, 513 A.2d 427 (1986) (Unfair Insurance Practices Act); Culbreth v. Lawrence J. Miller, 328 Pa.Super. Any home improvement contractor who is not registered is prohibited from offering or performing home improvements. ch. The statute of limitations for filing a lawsuit in Pennsylvania for unpaid unsecured debt is four years. UpCounsel accepts only the top 5 percent of lawyers to its site. Limitation periods range from six months 445.902; Miss.Code Ann. The law requires registration numbers in any advertisements used by contractors. These questionshighlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. "Trade" and "commerce" are defined by section 201-2(3) to include "the advertising, offering for sale, sale or distribution of any . No. 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. See also Pennsylvania Retailers Ass'n. 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. 53, 1978 Pa.Laws 202, 2). 42 P.C.S. 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. 1981); Rosenthal v. Perkins, 42 N.C.App. 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. For instance, it is not uncommon for contractors to include clauses that mandate arbitration in the event of a dispute. Consequently, the impact of unfair or deceptive practices is greatest in this type of transaction. 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 Contractors with questions about the law can call or email: Pennsylvania Office of Attorney General Strawberry Square If contractors wish to display it, they may but they are not required to do so. ; 52-584 ; 52-584a. The term home improvement also does not include the services of a an Agriculture Department-certified landscaper except to the extent that the services include any of the installations noted above. [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." 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. 517.1, et seq. . 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. 1921(b). [20] A uniform statute of limitations for the UTPCPL is required to preclude such uncertainty and inconsistency. We agree, but base our conclusion on the more solid ground of the UTPCPL itself. *384 Joseph C. Cascarelli, Philadelphia, for appellants. You should place your registration number in a spot where consumers will be able to see it and read it clearly. 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. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. Act of December 17, 1968, No. This new statute, however, contained no express limitation on actions for fraud and deceit. Any contractor who offers or performs home improvements in Pennsylvania must comply with the law. [18] 42 P.C.S. 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. Section 517.8 - Home improvement fraud. 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. Click here for more information. 717-787-3391. 326, 1982 Pa.Laws 1409, 1440. 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. v. Commonwealth, 58 Pa.Commw. 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. 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. This law firm website and legal marketing are managed by MileMark Media. 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. 42 P.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 . Barr, supra, 520 A.2d at 490. 1125(a), which provides: Any person who shall affix, apply, or annex, or use in connection with any goods or services, or any container or containers for goods, a false designation or origin, or any false description or representation, including words or symbols tending falsely to describe or represent the same, and shall cause such goods to enter into commerce . Yes. Where should I put my registration number in my advertisements and contracts? Act 2008 Pa. Legis. Those filing under the UTPCPL can be awarded the amount of monetary damages presented or $100, whichever is greater. 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. four-year limitation). The Act also prohibits a contractor from changing the contract specifications without a written change order signed by both the owner and contractor. Discuss and negotiate between the consumer and contractor for incremental payments as work progresses, with a final payment upon completion. 1166, No. *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. 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. . Accord Best v. Hammill Quinlan Realty Co., Inc., 18 D. & C.3d 31 (Wash. 1980). The contract must set forth the entire agreement, including, among other things, the approximate start date and completion date, a complete description of the work to be performed, the total sales price due under the contract, and the amount of any down payment required plus any amount to be advanced for the purchase of special order materials. 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. 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. No. are hereby declared unlawful." ch. The Pennsylvania Home Improvement Consumer Protection Act There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. Other bills that also amend the same statute are listed below. [7] Compare 73 P.S. 5524(7). 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. 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. 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. (iii) (confusion caused by misleading tradenames). 201-1 et seq. 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." [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. 13-101 & 102; Mass.Code Ann. Yes. at 625. 282, 286, 507 A.2d 1230, 1232 (1986) (citations omitted). 42-110b; Del.Code tit. Serv. 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. 1937) (defining passing off as "the sale . [10] 73 P.S. Please click here to contact us. 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 statute also establishes minimum insurance requirements for contractors; requires contractors to provide their registration number in their ads and contracts; establishes required contract terms for home improvement contracts; prohibits unfair business practices; and creates a criminal penalty for home improvement fraud. . 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. 42 P.C.S. 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. Section 517.6 - Proof of registration. Pennsylvania does not have a state license to work as a handyman. 5527(6), applies. 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. 6 years (from earliest of various dates specified in the statute) No. The remedies of the UTPCPL are not exclusive but in addition to these other remedies. 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. Contractor Frequently Asked Questions Below are commonly asked questions about Pennsylvania's Home Improvement Consumer Protection Act. 25 Feb/23. Found in 47 USC 227, the Act prevents creditors and collection agencies from contacting consumers by phone using autodial and pre-recorded messages without the consumer's prior express consent. The Act took effect on July 1, 2009. 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. . Section 517.7 - Home improvement contracts. See also Gum, Inc. v. Gumakers of America, 1 F.R.D. . for those of another"). 253 (1979) (consent order against real estate developer for misrepresentations that homes were constructed free of defects and water drainage problems). 417, 404 A.2d 720 (1979) (Usury Statute). 20, P.L. Is there an exemption for work performed by or on behalf of a charity or a non-profit corporation? Representing the product or service at a particular standard when it does not meet this standard. 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. 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. 1 P.C.S. 2725(a) (U.C.C. Section 201-7 of Pennsylvanias Unfair Trade Practices and Consumer Protection Law contains a sample notice of cancellation you may wish to use in your contracts. [14] 73 P.S. 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. Yes, subcontractors who perform home improvements must register even if they do not enter agreements directly with consumers. 17.45; Va.Code Ann. The law does not grandfather existing businesses. 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. You need to enable JavaScript to run this app. C.P. In addition, the Federal Trade Commission has invoked jurisdiction over real estate sales transactions. with 15 U.S.C. 5527(6) (emphasis added). Section 517.7(a)(8) requires the following elements in order for a time and materials contract to be valid and enforceable, along with all the other requirements set forth in Section 517.7(a): (8) Includes . 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. In 2008, the Pennsylvania Legislature passed the Home Improvement Consumer Protection Act. v. Lazin, 57 Pa.Commw. tit. 618 (E.D.Pa. Any claims not filed with the prescribed time period are deemed stale and time-barred. Statute of Limitations on Contract/Sales in Pennsylvania Pennsylvania law is replete with various statutes of limitation, governing the length of time which aggrieved parties have in order to file their claims in the appropriate court. (quoting 51 Am.Jur.2d Limitations of Actions 63 (1970)). Updated November 5, 2020: Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services. The Act also prohibits a home improvement contractor from changing the contractors name, address, liability insurance information or any other identifying information in a fraudulent or deceptive manner likely to cause confusion or misunderstanding without advising the owner in writing within ten days following any such change. Before that, there was no requirement that an agreement for home improvement be in writing. (xi) (fictitious price cuts). Act of March 27, 1713, 1 Sm.L. 564, 568 (E.D.Pa. 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." 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, 3101, et seq. We have worked to ensure that the registration process is as quick and easy as possible. Thank you Lou! 59-1601; Nev.Rev.Stat.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. In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. 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 . 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. 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. 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]." 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. of the goods of one vendor . Statutes of limitations (time limits for filing your complaint) for civil lawsuits in Pennsylvania, including personal injury; false imprisonment; defamation; fraud; damage to personal property; professional malpractice; and trespassing. HICPA was enacted to regulate home improvement contracts and to prohibit certain acts in the home improvement industry. A home improvement contract can be voided by the homeowner if it fails to contain required terms, or if it contains prohibited terms. How is emergency work handled under the Home Improvement Consumer Protection Act? 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 large list of offenses includes items such as: If you feel that you are a victim of unfair or deceptive practices, contact a lawyer that practices in this area of law, or the Pennsylvania Office of Attorney General Bureau of Consumer Protection. (xvi). Our resolution of this question is premised upon consideration of the intention and objectives of the UTPCPL. HICPA applies to contractors performing home improvements which costs $500 or more. [u]pon a statute, for a penalty or forfeiture" was applicable. After this time passes, you may contest any lawsuit filed by a medical creditor on the grounds the original debt is . The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P.S. 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. (vi) and (vii) (marketing of altered or inferior goods); id. Section 517.5 - Application fees. 1125(a) (reproduced footnote 6, supra). 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. See Pa.Senate Leg.J., June 28, 1976, at 1798 (Sen. Zemprelli) ("deals with a matter which . 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. Do you need legal help with Pennsylvania unfair trade practices and consumer protection law? All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Please send all correspondence to Pottstown Office, Pennsylvanias New Home Improvement Consumer Protection Act, Pennsylvanias Breach of Personal Information Notification Act, Statute of Limitations on Contract/Sales in Pennsylvania, Unfair Trade Practices and Consumer Protection, Your Downtown Business Local Compliance. 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. 201-2(3) (emphasis added). 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. Home Improvement Consumer Protection Act Page 3 Amended 7.07.11 & 10.22.14 (b) Public access to registration information.--The bureau shall maintain a toll-free If you need help with Pennsylvania unfair trade practices and consumer protection law, you can post your legal need on UpCounsel's marketplace. 358-A:1, N.D.Cent.Code 51-15-01; Okla.Stat.Ann. 19.86.010; Wyo.Stat.Ann. What is the toll-free telephone number for the Bureau of Consumer Protection that needs to be included in home improvement contracts? Want High Quality, Transparent, and Affordable Legal Services? . [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. 201-2(4)(viii). 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. 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. After registering, a home improvement contractor registration certificate will be issued to the contractor. 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. The Court resting its holding on several bases, including the modern and traditional conceptions of leasing, held: Id. 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. Once again, you are amazing! 75-24-3; Mo.Ann.Stat. 73 P.S. 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. In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. 1961, expressly provides "[a] violation of this act shall also be a violation of the [UTPCPL]." 260, 1, 73 P.S. Cunningham Packing v. Congress Financial Corp., 792 F.2d 330 (3rd Cir. Creditors and credit Mixed Alaska Stat. You're all set! 121 1/2, 261; Iowa Code Ann. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. 5524(7) (two year limitation). . The Arizona Supreme Court affirmed. Home improvement contractor registrations are valid for two years, and must be renewed biennially. Appellants are individuals and owners of residential property located at 5714 Marshall Street in Philadelphia. 40-12-102. You need to enable JavaScript to run this app. A separate line item recording any down payments. 5524(7). 73 P.S. 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: Section 517.1 - Short title. [6] The UTPCPL was designed to promote full disclosure of information to consumers and "to equalize market position and strength of the consumer vis-a-vis the seller." 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.
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