A non-refundable fee of $50.00, payable to Commonwealth of Pennsylvania must accompany each application. . *385 Before MONTEMURO, POPOVICH and CERCONE, JJ. [5] As such, denial of the petition to amend constitutes an appealable order. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 462, 329 A.2d 812, 817-18 (1974) (the UPTCLP "has regularly been interpreted. . The enforcement of this law falls under the jurisdiction of the Consumer Protection Bureau of the Pennsylvania Attorney General's office. pennsylvania cash consumer protection act pennsylvania cash consumer protection act (No Ratings Yet) . [13] 73 P.S. 5525(8) (four year limitation); 13 P.C.S. Where should I put my registration number in my advertisements and contracts? 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. . 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. 258, 478 A.2d 456 (1984). (iii) (confusion caused by misleading tradenames). HICPA, or Home Improvement Consumer Protection Act imposes requirements on home improvement contractors. Subsequently, on July 28, 1986, appellants filed a petition for leave to amend their complaint in order to include a claim for violation of the Unfair Trade Practices and Consumer Protection Law. [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. 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. How can I advise consumers of their cancellation rights? 6 years (from earliest of various dates specified in the statute) No. Co., 360 Pa.Super. Our resolution of this question is premised upon consideration of the intention and objectives of the UTPCPL. Bob and I were truly confident you would put us on the right path. See 13 P.S. You need to enable JavaScript to run this app. The law also limits down payments or deposits for any home improvement project for which the total price is more than $5,000. 19.86.010; Wyo.Stat.Ann. This approach, however, yielded inconsistent determinations. Appellants subsequently paid the full purchase price and took possession at settlement on August 29, 1980. 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 . Instantly, the Legislature strove . Finally, the Act sets forth a number of prohibited acts which, though not necessarily constituting crimes, can result in the imposition of civil liability. 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. 5523 which imposes a one-year limitation upon libel actions. Are there additional requirements in the act besides the registration requirement? 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. Corp. v. Commonwealth, 44 Pa.Commw. Do subcontractors who are paid directly by a general contractor and who never enter into contracts with consumers need to register? C.P. The Act took effect on July 1, 2009. 553, 559, 382 A.2d 762, 765 (1978). 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 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. If you were misled or defrauded by a home contractor, you could be entitled to compensation for your losses. You already receive all suggested Justia Opinion Summary Newsletters. 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. Most provisions of the Act also do not apply to home improvement retailers having a net worth of more than $50,000,000.00 or any employee of that retailer that does not perform home improvements, thus excluding from the scope of most of the Act entities such as Home Depot or Lowes when those entities do no more than sell home improvement materials. 618 (E.D.Pa. Any home improvement contractor who is not registered is prohibited from offering or performing home improvements. 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. 1409, No. Without regard to affixation, the installation of central heating, air conditioning, storm windows or awnings. Id., 459 Pa. at 460, 329 A.2d at 816 (footnote omitted). In addition, in applying for such registration, the applicant must state whether the individuals making the application, even if applying as part of a larger business entity, have ever been convicted of any criminal offense related to a home improvement transaction, fraud, theft, a crime of deception or any crime involving fraudulent business practices, as well as a statement of whether the applicant has ever filed a petition of bankruptcy or, within the last ten years had a final civil judgment entered against the applicant or business in which the applicant held an interest that was related to a home improvement transaction. 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. Five years pass, and the lender wants to collect his money. (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. 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. 417, 404 A.2d 720 (1979) (Usury Statute). We find further support for our determination in the decisions of the courts of other states which have concluded likewise. This action arose in connection with the purchase by appellants of the property from appellee. 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. Act 2008-132 (S.B. 1125(a) (reproduced footnote 6, supra). Id. 1921(b). 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. See, e.g., Bolden v. Potamkin-Auerbach Chevrolet, Inc., 470 F. Supp. There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. Statute coverage a. Pennsylvania does not have a state license to work as a handyman. 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. PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 201-1. 724 (1972). 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. 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. All contractors, including self-employed contractors and sole proprietorships, subcontractors and independent contractors, and corporations, partnerships and all other types of business entities must be registered, unless they fall into the two exemptions above. 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). 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. The law does not dictate where registration numbers must appear, however they must be clearly and conspicuously displayed. Do engineers, architects, land surveyors, electrical contractors, master plumbers, locksmiths, burglar alarm businesses, fire alarm businesses, and similar businesses need to register? 282, 286, 507 A.2d 1230, 1232 (1986) (citations omitted). Section 517.2 - Definitions. :The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). In determining what limitations period governed fraud claims that accrued after 1978 but before 1983, the court in A.J. 367.110; Me.Rev.Stat.Ann. 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. (xvi). [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. 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. Thus, any violation of the Act is subject to the award of not just actual damages, but also, potentially, treble damages and attorneys fees. [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. Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. (xiv). Do building superintendents or the maintenance staff for apartment buildings, condominiums, or community associations need to register? Yes, subcontractors who perform home improvements must register even if they do not enter agreements directly with consumers. If the vehicle does not have advertising promoting the business, then the contractor is not required to display their registration number on the vehicle. Pennsylvania Criminal Statute of Limitations (1) "Documentary material" means the original or a copy of any book, record, report, memorandum, 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. [22] We are unable, therefore, to characterize all the multifarious claims that may be brought under the UTPCPL as "fraud" or "deceit." 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. *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. You do not need to include extra zeroes which come before your number but you must have these letters and your actual registration number. 445.902; Miss.Code Ann. The Act, located at 73 Pa.C.S. Many homeowners dont know, however, that contractors are also prohibited from using deceptive or unfair practices in their dealings with homeowners by state law. and are discussed and interpreted by Pennsylvania courts. 34-5-10; Tex.Bus. [7] 15 U.S.C. Section 517.8 - Home improvement fraud. [11] 73 P.S. Id. 517.1, et seq. . In addition, search results will only display approved registrations. 387, as amended 1976, Nov. 24, P.L. 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. You need to enable JavaScript to run this app. Such requirements include contractors' registering with Pennsylvania's Office of Attorney General, obtaining a registration number, and paying the necessary registration fees. If you continue to experience difficulties using our search function, please call 1-888-520-6680. In fact, this state law also applies to construction done on swimming pools, porches, driveways, garages, patios, fences, and sheds. 1941) (common law trademarks). 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. Was this document helpful? 53, 1978 Pa.Laws 202, 2). . The Tri-County Area is no stranger to home improvement contract scams. The failure to register is a violation of the law and unregistered contractors face legal action, including civil penalties of $1,000 or more. Definitions As used in this act. organizational structure (for instance, an individual has incorporated his or her business operation), the names under which the business operates, the principals and shareholders of the business. . 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. I was pleased with the results and would highly recommend his service to anyone seeking consumer help. Contractor Frequently Asked Questions Below are commonly asked questions about Pennsylvania's Home Improvement Consumer Protection 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. ." 5524(7) (two year limitation). 1979) (Pennsylvania Motor Vehicle Sales Finance Act); Pekular v. Eich, 355 Pa.Super. Check or add your phone numbers to the Pennsylvania Do Not Call Registry. You should place your registration number in a spot where consumers will be able to see it and read it clearly. (ii) The contract shall state: v. Lazin, 57 Pa.Commw. tit. Appellants argue the sale of real estate falls within the purpose of the UTPCPL. Consumersare able to call this number to check whether a contractor is registered with the Office of Attorney General. Please remember to fill in the security code. Section 517.1 - Short title. 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. [10] 73 P.S. Please click here to contact us. The Act at Section 517.8 also makes home improvement fraud a criminal offense, punishable as either a felony of the third degree or a misdemeanor of the first degree, depending upon the nature of the violation and the amount involved. 407.010; Mont.Rev.Code Ann. The trial court denied the motion on the grounds that the claim was time-barred by the one-year "catchall" limitation. Section 517.5 - Application fees. 5522-5527. As the Supreme Court of Pennsylvania has observed: [T]his Law attempts to place on more equal terms seller and consumer [and is] predicated on a legislative recognition of the unequal bargaining power of opposing forces in the marketplace. Is new home building included in the law? HOA LAWS AND REGULATIONS. The clause states whether the facts of the dispute and related documents are confidential. Compare 73 P.S. 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. 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. 5, 213; Md.Com.Law Code Ann. 6-13.1-1; S.C.Code Ann. (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. Co. v. Greenspan, 360 Pa. 542, 63 A.2d 72 (1949). Another ruling for those who violate deceptive trade practices may be an injunction against engaging in that business, either temporarily or permanently. [21] Until 1983, fraud actions were subject to a six-year statute of limitations. 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Suggested Justia Opinion Summary Newsletters are confidential register even if they do not enter agreements directly with consumers need enable! 1230, 1232 ( 1986 ) ( four year limitation ) of $ 50.00, payable to of... 816 ( footnote omitted ) 57 Pa.Commw PRACTICES and Consumer Protection Bureau of the from. Limits down payments or deposits for any home improvement contractors of their cancellation rights appear! Place that aim to protect homeowners from unscrupulous contractors search function, please 1-888-520-6680.
