N.C.Gen.Stat. Section 517.1 - Short title. No. 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. 2019 - 2023 ConsumerLawPA, Attorneys at Law. . (quoting 51 Am.Jur.2d Limitations of Actions 63 (1970)). 404, 408 (E.D.Pa. How should I list the Bureau of Consumer Protection's phone number in my contracts? After registering, a home improvement contractor registration certificate will be issued to the contractor. 367.110; Me.Rev.Stat.Ann. Do hardware stores or businesses that supply products and equipment used in home improvements need to register? 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]." This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. Any changes should be reported to the Bureau, including, but not limited to, changes in: The number is 1-888-520-6680. For more detailed information regarding a registered contractor, please email us at hic@attorneygeneral.gov. 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. Does the law apply to home improvements done on commercial properties? In Anderson v. Kessler, 32 D. & C.3d 623 (Allegh. 5, 213; Md.Com.Law Code Ann. statute and other law Strong The statute does not contain any restrictions on class actions. Informs the consumer in writing that any cost beyond the contract price (initial cost estimate plus 10%) must be agreed to by the homeowner in a written change order. If you were misled or defrauded by a home contractor, you could be entitled to compensation for your losses. are hereby declared unlawful.") 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 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. Pennsylvania's statutes of limitation are actual statutes located at 42 Pa.C.S.A. ch. 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. 201-2(3) (emphasis added). For instance, it is not uncommon for contractors to include clauses that mandate arbitration in the event of a dispute. 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. [17] Id. At the courts discretion, individuals can be awarded up to three times the amount of the economic loss sustained, or "treble." If contractors wish to display it, they may but they are not required to do so. 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. 358-A:1, N.D.Cent.Code 51-15-01; Okla.Stat.Ann. 517.1, et seq. Click here to Register, Re-register, or Update, Send Drug and Child Predator Anonymous Tips, Community Drug Abuse Prevention Grant Program, ACRE Agriculture, Communities and Rural Environment, Pennsylvania State Coroners Education Board, Voters Rights in Effect at the Polling Places on Election Days. 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. The timely appeal of this important question followed. (iii) (confusion caused by misleading tradenames). E.g., Southwest Sunsites, Inc., 3 Trade Reg.Rep. 34-5-10; Tex.Bus. A copy of that law can be found here. . of the goods of one vendor . 73 P.S. 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. 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. 1166, No. Definitions As used in this act. 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. The toll-free phone number of the Home Improvement Contractor Consumer Helpline (1-888-520-6680) needs to be in there as well. Does the Home Improvement Consumer Protection Act affect the licensing or registration of home improvement contractors by counties, cities or towns? What Is a Pennsylvania Foreign Corporation? at 625. (2) A waiver of Federal, State or local health, life, safety or building code requirements. 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. The law also creates a criminal penalty for home improvement fraud, as defined by the statute. (B) That the cost of the services to be performed under the time and materials provision may not exceed 10% above the dollar value indicated in the initial cost estimate. See Ariz.Rev.Stat.Ann. (xiv). Corp. v. Commonwealth, 44 Pa.Commw. 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. 50-624(g); Ky.Rev.Stat. The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P.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. Does the law contain a "grandfather" clause for businesses that have been doing work for a long time or do they still need to register? Act of March 27, 1713, 1 Sm.L. 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. Once again, you are amazing! 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. [19] Id. In addition, search results will only display approved registrations. Appellants are individuals and owners of residential property located at 5714 Marshall Street in Philadelphia. . . 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. Contractors with questions about the law can call or email: Pennsylvania Office of Attorney General Strawberry Square This law firm website and legal marketing are managed by MileMark Media. You already receive all suggested Justia Opinion Summary Newsletters. 564, 568 (E.D.Pa. Because we hold that the UTPCPL is governed by a six-year statute of limitations and in order to eliminate the aimless searching for various time limits within which to bring actions into UTPCPL, we find that the trial court abused its discretion in denying appellants' petition to amend their complaint on the basis that a claim pursuant to the UTPCPL was untimely. See Zerpol Corp. v. DMP Corp., 561 F. Supp. UpCounsel accepts only the top 5 percent of lawyers to its site. The failure to register is a violation of the law and unregistered contractors face legal action, including civil penalties of $1,000 or more. 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. These questionshighlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. This action arose in connection with the purchase by appellants of the property from appellee. 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. Do building superintendents or the maintenance staff for apartment buildings, condominiums, or community associations need to register? See Saunders, The Pennsylvania Automobile Lemon Law Uncharted Terrain, 57 Pa.B.A.Q. v. Richard J. Raab, Philadelphia, Fasey Real Estate, appellee. You can explore additional available newsletters here. seq., is replete with numerous definitions, requirements, prohibitions and penalties. 17.45; Va.Code Ann. Another ruling for those who violate deceptive trade practices may be an injunction against engaging in that business, either temporarily or permanently. In such a case, while the subcontractor who installs materials bought from the large retailer will be governed by the Act, the large retailer, in most particulars, will not be. 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. Bob and I were truly confident you would put us on the right path. 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. 1125(a) (reproduced footnote 6, supra). Consumer Protection Bureau of the Pennsylvania Attorney General's office, Pennsylvania Annual Report for Foreign Corporations. 76 (repealed by Act No. 232, 237, 426 A.2d 712, 717 (1981); Commonwealth v. Kane, 33 Pa.Commw. (xvii) (miscellaneous fraudulent practices). The Act drastically alters the regulatory environment of the home . Section 517.7 - Home improvement contracts. 5524(7) (two year limitation). This provision states: The following actions and proceedings must be commenced within two years: (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 201-3 ("Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . to ensure the fairness of market transactions. 201-2(4)(v) (deceptive marketing of goods, services or business); id. A link to that law is provided here. The Act further provides that any violation of any of the provisions of the Act is deemed to be an Unfair Trade Practice under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 4. See Pa.Senate Leg.J., June 28, 1976, at 1798 (Sen. Zemprelli) ("deals with a matter which . See also Gum, Inc. v. Gumakers of America, 1 F.R.D. 30-14-102; Neb.Rev.Stat. . 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 bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. Initially, we must determine whether the order denying amendment of appellants' complaint is appealable. 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. Contracts must also include important provisions, including the total price of the project; estimated start and completion dates; and a description of the work. 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. 517.1 et. and are discussed and interpreted by Pennsylvania courts. Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping work (other than work performed under the Plant Pest Act), painting, doors and windows and waterproofing. 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 . The remedies of the UTPCPL are not exclusive but in addition to these other remedies. The UTPCPL is also based on the Lanham Trademark Act, 15 U.S.C. 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. 258, 478 A.2d 456 (1984). The law does not require contractors to show copies of their registration. 724 (1972). as being based on the Federal Trade Commission Act"); Commonwealth v. Flick, 33 Pa.Commw. Those filing under the UTPCPL can be awarded the amount of monetary damages presented or $100, whichever is greater. & Com.Code Ann. . 44-1521; Colo.Rev.Stat.Ann. . (A) The dollar value of the initial cost estimate for the services to be performed under the time and materials provision. When the home improvement contractor registers with the Bureau of Consumer Protection the contractor is assigned a registration number. 553, 561, 382 A.2d 762, 765 (1978) ("the Federal Trade Commission Act . ch. 5501 et seq. Registration Requirement 387, as amended 1976, Nov. 24, P.L. tit. Shortly after taking possession of the realty, appellants discovered an allegedly substantial defect in the main soil stack pipe from the cellar to the second floor bath of the house and a leak in the rainspout from the front porch of the house into the cellar. 1979) (Pennsylvania Motor Vehicle Sales Finance Act); Pekular v. Eich, 355 Pa.Super. 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. 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. [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." 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. 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. Accordingly, the order of the *399 trial court is reversed and permission to amend the complaint is granted. While many lawyers will be spending many hours learning the details of the Act and the interplay between and among its various provisions, we can now report on at least some of the basic details of the Act. 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. 59-1601; Nev.Rev.Stat.Ann. See Home Life Ins. 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. Pennsylvania does not have a state license to work as a handyman. 714.16(1)(b); Kan.Stat.Ann. 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. 374, 477 A.2d 491 (1984) (Public Adjuster Law); Pennsylvania Bankers Ass'n. 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. If the vehicle does not have advertising promoting the business, then the contractor is not required to display their registration number on the vehicle. *397 In Holley v. Coggin Pontiac, Inc., 43 N.C.App. Co. v. Greenspan, 360 Pa. 542, 63 A.2d 72 (1949). 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. . [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. 201-3 (emphasis added). 1984), it was held that "[i]f a leasehold of real estate is covered by the Consumer Protection Law, there is no reason why guarantees given in connection with the sale of real estate should not also be covered." Why must a home improvement contract contain the 3-day cancellation notice? 5527(6), applies. Do contractors need to display their registration number on their vehicles? All rights reserved. You must include the abbreviation PAand the number assigned to you (example: PA123456). [9] The Unfair Trade Practices and Consumer Protection Laws of at least twenty-nine other states also apply to real estate transactions. Thank you Lou! 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