1979) (Pennsylvania Motor Vehicle Sales Finance Act); Pekular v. Eich, 355 Pa.Super. Without regard to affixation, the installation of central heating, air conditioning, storm windows or awnings. 1409, No. 335 (E.D.Tenn. Act 2008 Pa. Legis. 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. 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. . (i) The contractor shall provide an initial cost estimate in writing to the owner before any performance of the home improvement commences. You must include the abbreviation PAand the number assigned to you (example: PA123456). [u]pon a statute, for a penalty or forfeiture" was applicable. 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. with 15 U.S.C. HICPA was enacted to regulate home improvement contracts and to prohibit certain acts in the home improvement industry. 717-787-3391. mike vernon royal household; are there snakes in gran canaria; shooting in laurel, md yesterday. 6-1-102; Conn.Gen.Stat.Ann. 30, 36 (1986). with 15 U.S.C. Accordingly, the order of the *399 trial court is reversed and permission to amend the complaint is granted. In addition, section 1961 of the Pennsylvania Automobile Lemon Law, 73 P.S. 6 years (from earliest of various dates specified in the statute) No. Delaware. 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. However, the term does not include the construction of a new home or the sale of goods and materials by a seller who neither arranges nor performs installation work. tit. . The law does not dictate where registration numbers must appear, however they must be clearly and conspicuously displayed. 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. pennsylvania cash consumer protection act pennsylvania cash consumer protection act (No Ratings Yet) . 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. See also Pennsylvania Retailers Ass'n. 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. 689 (1975); Lovett, State Deceptive Trade Practice Legislation, 46 Tulane L.Rev. . 44-1521; Colo.Rev.Stat.Ann. The Act took effect on July 1, 2009. 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. 1937) (defining passing off as "the sale . This new statute, however, contained no express limitation on actions for fraud and deceit. 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. Any home improvement contractor who is not registered is prohibited from offering or performing home improvements. (A) The dollar value of the initial cost estimate for the services to be performed under the time and materials provision. A non-refundable fee of $50.00, payable to Commonwealth of Pennsylvania must accompany each application. Section 517.3 - Registration of contractors. 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. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. All home improvement contractors must register, with the exception of those performing less than $5,000 of work in a calendar year and retailers with a net worth of $50 million. (3) A confession of judgment clause. . 259 S.E.2d at 6. 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. The Tri-County Area is no stranger to home improvement contract scams. PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 201-1. 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. 5523 which imposes a one-year limitation upon libel actions. Specifically, under HICPA, a contractor is anyone who undertakes or agrees to perform home improvement work, including: Improvement. 5524(7). 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 bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. The law prohibits various unfair business practices such as abandoning a home improvement project or failing to complete the work. 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. (D) A statement that the cost of the services to be performed under the time and materials provision shall not be increased over the initial cost estimate plus a 10% increase without a written change order signed by the owner and contractor. Definitions As used in this act. Share it with your network! Yes: HICPA was amended on October 22, 2014, to allow contractors to offer time and materials contracts to Pennsylvania consumers, provided the contractor: Informs the consumer in writing that the time and materials contract will not exceed 10% above an initial cost estimate agreed to by the homeowner; and. In 2008, the Pennsylvania Legislature passed the Home Improvement Consumer Protection Act. to ensure the fairness of market transactions. 6 years for contracts3 years for torts2 years for negligence. Five years pass, and the lender wants to collect his money. 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. 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. . 201-3 ("Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . The law also limits down payments or deposits for any home improvement project for which the total price is more than $5,000. 93A, 1(b) & 9(1); Mich.Stat.Ann. HOA LAWS AND REGULATIONS. 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. 201-3 (emphasis added). 201-1 et seq. and are discussed and interpreted by Pennsylvania courts. 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. The UTPCPL is also based on the Lanham Trademark Act, 15 U.S.C. Thank you Lou! Representing the product or service at a particular standard when it does not meet this standard. Consequently, the impact of unfair or deceptive practices is greatest in this type of transaction. 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 premises were previously owned by appellee. Appellants subsequently paid the full purchase price and took possession at settlement on August 29, 1980. (ix) and (x) (bait advertising); id. 800 East High StreetP.O. The Court of Common Pleas for Philadelphia County denied appellants' petition by order of September 15, 1986 on the *386 grounds that the statute of limitations which governs private civil actions under the UTPCPL had run. Do building superintendents or the maintenance staff for apartment buildings, condominiums, or community associations need to register? 445.902; Miss.Code Ann. . For instance, under this state law, only agreements that are in writing are considered legally enforceable. 100). Pennsylvania's UTPCPL is modeled on the Federal Trade Commission Act. After this time passes, you may contest any lawsuit filed by a medical creditor on the grounds the original debt is . No. [19] Id. . 5524(7) (two year limitation). The law requires registration numbers in any advertisements used by contractors. property, tangible or intangible, real, personal or mixed. See 13 P.S. 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. 48-602; Ill.Stat.Ann. Is there an exemption for work performed by or on behalf of a charity or a non-profit corporation? What information is required to register? 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. 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 . Id. Attorney's use this law to demand justice against both real and perceived threats. N.C.Gen.Stat. The Act, located at 73 Pa.C.S. The Act drastically alters the regulatory environment of the home . attorneygeneral.gov/resources/home-improvement-contractor-registration/contractor-frequently-asked-questions/, https://www.consumerlawpa.com/home-contractor-fraud/, "We would like to say beyond a normal thank you how much Bob and I appreciate what you have done for us in more than one legal situation. The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. Are time and materials contracts allowed? Under Section 517.6 of the Act, this registration number must be included in all of the contractors advertisements, contracts, estimates and proposals created by the contractor after July 1, 2009. Other prohibited acts include, but are not limited to, the abandonment or failure to perform, without justification, any home improvement contract engaged in or undertaken by a contractor, the deviation from plans or specifications without a written change order signed by the parties, advertising to perform a home improvement without intent to perform or charge for the home improvement as advertised and, for home improvements for which the total price is more than $1,000.00, receiving a deposit in excess of one-third of the home improvement contract price or one-third of the home improvement contract price plus the cost of any special order materials that have been ordered. 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. No. Hire the top business lawyers and save up to 60% on legal fees. 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. 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. 2019 - 2023 ConsumerLawPA, Attorneys at Law. 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. "Trade" and "commerce" are defined by section 201-2(3) to include "the advertising, offering for sale, sale or distribution of any . Only the first 5 bills are included here. 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 . See American Oil Co. v. Norkus, 358 Pa. 407, 57 A.2d 868 (1948) (common law tradename infringement). You should place your registration number in a spot where consumers will be able to see it and read it clearly. Home improvement includes all of the following activities when they are done in connection with land or a portion of the land adjacent to a private residence or a building or a portion of the building which is used or designed to be used as a private residence for which the total cash price of all work agreed upon between the contractor and owner is more than $500: No, the construction of a new home is not considered a home improvement under the law. E.g., Southwest Sunsites, Inc., 3 Trade Reg.Rep. *385 Before MONTEMURO, POPOVICH and CERCONE, JJ. 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. 42 P.C.S. 76 (repealed by Act No. If you need help with Pennsylvania unfair trade practices and consumer protection law, you can post your legal need on UpCounsel's marketplace. 52-576 et seq. To learn more about the legal remedies available to you under the Pennsylvania Home Improvement Consumer Protection Act, please contact an experienced Philadelphia home contractor fraud lawyer today. Contractors with questions about the law can call or email: Pennsylvania Office of Attorney General Strawberry Square [9] That sales of real property *392 would be protected by the UTPCPL is consonant with its broad remedial purposes. [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)(ii) (confusion as to commercial source); id. Yes. 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. Act of December 17, 1968, No. (xvii) (miscellaneous fraudulent practices). 387, as amended 1976, Nov. 24, P.L. 7 years (with 1 year extension if defect discovered in 7th year) No. While the UTPCPL governs only Pennsylvania businesses, the Supreme Court recently ruled that it does also apply to acts of Pennsylvania-based companies, even if these acts happen outside of Pennsylvania. (iii) (confusion caused by misleading tradenames). 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. 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. 201-2(4) of UTPCPL (enumerating unfair or deceptive acts or practices) with 15 U.S.C. Act No. We now turn our attention to the important question of the appropriate statute of limitations for private enforcement actions brought under the UTPCPL. Do hardware stores or businesses that supply products and equipment used in home improvements need to register? There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. The law does not require contractors to show copies of their registration. Appellants argue the sale of real estate falls within the purpose of the UTPCPL. 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. [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." Cf. This action arose in connection with the purchase by appellants of the property from appellee. 559 (1979) (consent order against realtor for nondisclosure of unavailability of sewage and water); Kaufman & Broad, Inc., 93 F.T.C. 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). Limitation periods range from six months 327, 546 P.2d 470 (1976). ch. [11] 73 P.S. 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. . Harrisburg, PA 17120 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. of the goods of one vendor . 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. Plaintiffs would be uncertain as to which limitations period governed their UTPCPL claim until the court determined *395 whether their claim more closely resembled a tort action,[18] a contract action,[19] or an action under some other statute. 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. 282, 286, 507 A.2d 1230, 1232 (1986) (citations omitted). These questions highlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. The Court resting its holding on several bases, including the modern and traditional conceptions of leasing, held: Id. Residential real estate is almost always a consumer's largest single purchase. 5527(6), applies. "[4]Gutierrez v. Pennsylvania Gas and Water Co., *387 352 Pa.Super. Short title This act shall be known and may be cited as the "Unfair Trade Practices and Consumer Protection Law." 201-2. Frank and Theresa GABRIEL, h/w, Appellants, 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. 232, 237, 426 A.2d 712, 717 (1981); Commonwealth v. Kane, 33 Pa.Commw. A link to that law is provided here. 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." All rights reserved. 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. Creditors and credit Mixed Alaska Stat. The term home improvement is broadly defined to include most repair, replacement, remodeling, demolition, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation and sandblasting work done in connection with land or a portion of land adjacent to a private residence, so long as the total cash price of all work agreed upon between the contractor and owner is more than $500.00. Pennsylvania Criminal Statute of Limitations These questionshighlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. . We are experienced in handling a variety of Consumer Protection cases. 34-5-10; Tex.Bus. 253 (1979) (consent order against real estate developer for misrepresentations that homes were constructed free of defects and water drainage problems). 2725(a). 326, Art. Bob and I were truly confident you would put us on the right path. . If you were misled or defrauded by a home contractor, you could be entitled to compensation for your losses. Was this document helpful? Corp. v. Commonwealth, 44 Pa.Commw. 260, 1, 73 P.S. 564, 568 (E.D.Pa. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. Below arecommonly asked questions about Pennsylvanias Home Improvement Consumer Protection Act. 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 The law allows for anyone who lost money or property due to businesses engaging in unjust practices to bring suit. 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. :The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). *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. Landscapers whose work is limited to services performed under Pennsylvanias Plant Pest Act do not need to register. . Click here for more information. Section 517.8 - Home improvement fraud. 586 (E.D.Pa. Pennsylvania law allows third party collection agencies and original creditors to file a lawsuit for unpaid medical bills. 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? Thus, any violation of the Act is subject to the award of not just actual damages, but also, potentially, treble damages and attorneys fees. 2313 (express warranty), 2314 (implied warranty of merchantability), 2315 (implied warranty of fitness for a particular purpose). 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." The law exempts from the registration requirements contractors who perform less than $5,000 worth of home improvements in a calendar year. v. Lazin, 57 Pa.Commw. 646.605; R.I.Gen.Laws Ann. The UTPCPL contains a list of offenses that are deemed to be unfair competition or unfair methods and practices. C.P. II, 201, 42 P.C.S. 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