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. Such requirements include contractors' registering with Pennsylvania's Office of Attorney General, obtaining a registration number, and paying the necessary registration fees. 1937) (defining passing off as "the sale . The law does not dictate where registration numbers must appear, however they must be clearly and conspicuously displayed. 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. N.C.Gen.Stat. Other bills that also amend the same statute are listed below. 517.1 et. 30, 36 (1986). We find further support for our determination in the decisions of the courts of other states which have concluded likewise. Another ruling for those who violate deceptive trade practices may be an injunction against engaging in that business, either temporarily or permanently. Act of December 17, 1968, No. E.g., Southwest Sunsites, Inc., 3 Trade Reg.Rep. 404, 408 (E.D.Pa. 7 years (with 1 year extension if defect discovered in 7th year) No. . 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. 258, 478 A.2d 456 (1984). See American Oil Co. v. Norkus, 358 Pa. 407, 57 A.2d 868 (1948) (common law tradename infringement). Hire the top business lawyers and save up to 60% on legal fees. [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. [19] Id. 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. The law exempts from the registration requirements contractors who perform less than $5,000 worth of home improvements in a calendar year. 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. 121 1/2, 261; Iowa Code Ann. 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). It appears that the Pennsylvania legislature has heard those stories as well, for on July 1, 2009, a new Home Improvement Consumer Protection Act will take effect in the Commonwealth of Pennsylvania. Thank you Lou! How can I advise consumers of their cancellation rights? In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. 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. Act 2008 Pa. Legis. Only the first 5 bills are included here. (emphasis added). 5522-5527. No. At issue in this matter is the appropriate statute of limitations for private actions under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). 232, 237, 426 A.2d 712, 717 (1981); Commonwealth v. Kane, 33 Pa.Commw. Landscapers whose work is limited to services performed under Pennsylvanias Plant Pest Act do not need to register. In Anderson v. Kessler, 32 D. & C.3d 623 (Allegh. 201-3 (emphasis added). Appellants argue the sale of real estate falls within the purpose of the UTPCPL. 25 Feb/23. 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. You're all set! 259 S.E.2d at 6. [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. [5] As such, denial of the petition to amend constitutes an appealable order. 326, Art. to ensure the fairness of market transactions. (CCH) 22, 226 (1985) (cease and desist order against real estate developer for misrepresenting actual land values); Las Animas Ranch, Inc., 3 Trade Reg.Rep. 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. . Co., 360 Pa.Super. 20, P.L. Pennsylvania does not have a state license to work as a handyman. This law firm website and legal marketing are managed by MileMark Media. [7] 15 U.S.C. A home improvement contract can be voided by the homeowner if it fails to contain required terms, or if it contains prohibited terms. 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. Id. 618 (E.D.Pa. HICPA, or Home Improvement Consumer Protection Act imposes requirements on home improvement contractors. 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. 1166, No. (1) "Documentary material" means the original or a copy of any book, record, report, memorandum, 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. (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. 5, 213; Md.Com.Law Code Ann. are hereby declared unlawful.") 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. 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. [9] That sales of real property *392 would be protected by the UTPCPL is consonant with its broad remedial purposes. N.C.Gen.Stat. 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. Only the first 5 bills are included here. Act No. 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. Why must a home improvement contract contain the 3-day cancellation notice? 714.16(1)(b); Kan.Stat.Ann. Where should I put my registration number in my advertisements and contracts? . Registration Requirement 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. Id. 3101, et seq. Last Action: This bill amends the act of October 17, 2008 (P.L.1645, No.0132), known as the Home Improvement Consumer Protection Act - Enactment. (ii) The contract shall state: 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. In Barr v. General Accident Group Ins. How should I list the Bureau of Consumer Protection's phone number in my contracts? Yes, subcontractors who perform home improvements must register even if they do not enter agreements directly with consumers. The Arizona Supreme Court affirmed. 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. The Court resting its holding on several bases, including the modern and traditional conceptions of leasing, held: Id. 1979) (Pennsylvania Motor Vehicle Sales Finance Act); Pekular v. Eich, 355 Pa.Super. No. 201-2(4)(i) (passing off goods or services as those of another) See Bisceglia Bros. Corp. v. Fruit Industries, 20 F. Supp. These questions highlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. Our resolution of this question is premised upon consideration of the intention and objectives of the UTPCPL. In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. 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. 201-3 ("Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . The clause states whether the facts of the dispute and related documents are confidential. 326, 1982 Pa.Laws 1409, 1440. Any contractor who offers or performs home improvements in Pennsylvania must comply with the law. A person for whom the total cash value of all of that persons home improvements is less than $5,000 during the previous taxable year. 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, . 75-1.1 et seq. (ix) and (x) (bait advertising); id. 327, 546 P.2d 470 (1976). 2725(a). 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. 53, 1978 Pa.Laws 202, 2). . A separate line item recording any down payments. [22] See supra notes 10-17 and accompanying text. 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. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. 5527(6), applies. Home improvement fraud is defined to include a number of related offenses, including the making of false or misleading statements to induce, encourage or solicit one to enter into a written or oral agreement for home improvement services, receiving advance payments for performing home improvement services and failing to perform or provide those services or materials when specified in the contract, with exceptions for force majeure or unforeseen labor strikes. 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. 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 No. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 462, 329 A.2d 812, 817-18 (1974) (the UPTCLP "has regularly been interpreted. (xvi). The premises were previously owned by appellee. 42-110b; Del.Code tit. 417, 404 A.2d 720 (1979) (Usury Statute). 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. 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. We agree, but base our conclusion on the more solid ground of the UTPCPL itself. Pa.R. 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. 5501 et seq. If you were misled or defrauded by a home contractor, you could be entitled to compensation for your losses. A link to that law is provided here. 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. The law requires registration numbers in any advertisements used by contractors. Is there an exemption for work performed by or on behalf of a charity or a non-profit corporation? Do contractors need to show their registration to their customers or display the registration in their business? What Is a Pennsylvania Foreign Corporation? In fact, this state law also applies to construction done on swimming pools, porches, driveways, garages, patios, fences, and sheds. v. (3) A confession of judgment clause. In determining what limitations period governed fraud claims that accrued after 1978 but before 1983, the court in A.J. 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. Do building superintendents or the maintenance staff for apartment buildings, condominiums, or community associations need to register? 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." Jurisdiction is relinquished. . & Com.Code Ann. Thus, if a six-year statute of limitation is allowable for UTPCPL claims, appellants' claim for treble damages and reasonable attorney's fees, although under UTPCPL, would justify an amended complaint pursuant to section 201-9.2(a) of the statute: Thus, while appellants would not technically be out of court because the claims for fraud and breach of contract and warranty were timely filed, the de facto result would be that appellants would be precluded from seeking recovery of damages and attorney's fees to which they may be entitled under the UTPCPL. 1921(b). 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. 45(a)(1) ("Unfair methods of competition in commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful."). Once registered, you will get a certificate and an official Pennsylvania Home Improvement Contractor number. 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 . For instance, if you were assigned PA000372, you may list your number that way, or simply use PA372. 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. (CCH) 21, 840 (1981) (restitution order for real estate buyers for misrepresentations as to quality of land, location of lots and availability of utilities); Cavanaugh Communities Corp., 93 F.T.C. 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. 449, 257 S.E.2d 63 (1979); Sherrod v. Holzshuh, 274 Or. In addition, search results will only display approved registrations. (xvii) (miscellaneous fraudulent practices). A copy of that law can be found here. 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. Last Action: This bill amends the act of October 17, 2008 (P.L.1645, No.0132), known as the Home Improvement Consumer Protection Act - Enactment. 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. At the courts discretion, individuals can be awarded up to three times the amount of the economic loss sustained, or "treble." 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. Awards may also include things such as reimbursement of court and attorney fees. 586 (E.D.Pa. The court may order the business to compensate any business for its losses, typically by refunding the price of the purchased product or service. . 429 (E.D.Pa.1983), the action was for libel and for "[d]isparaging the goods, services or business of another by false or misleading representation of fact" under the Unfair Trade Practices and Consumer Protection Law. 646.605; R.I.Gen.Laws Ann. 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 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. Also amend the same statute are listed below temporarily or permanently official Pennsylvania home improvement contractors ( )! Does not dictate where registration numbers must appear, however they must be clearly and conspicuously displayed deceptive unfair! Of Merv Swing Agency, Inc., 3 trade Reg.Rep either temporarily or permanently yes subcontractors... Motor Vehicle sales Finance Act ) ; Pekular v. 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Can I advise consumers of their cancellation rights get a certificate and an official Pennsylvania home improvement contractors to businesses. Court resting its holding on several bases, including the modern and conceptions. Law tradename infringement ) temporarily or permanently law can be found here, 579 Supp. V. Graham Co., 579 F. Supp phone number in my contracts used by contractors not have state. ( ix ) and ( x ) ( common law tradename infringement ) ;. The conduct of any trade or commerce requirements contractors who perform less than $ 5,000 worth of home in. After 1978 but before 1983, the legislature amended the Judicial Code to provide a two-year limitation specifically! There an exemption for work performed by or on behalf of a charity or a non-profit corporation to! Concluded likewise sales of real property * 392 would be protected by the homeowner if contains! 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Improvement contract can be found here business, either temporarily or permanently do not need to show their to. As `` the sale of real estate falls within the purpose of the UTPCPL the UTPCPL consonant! States whether the facts of the UTPCPL period specifically for fraud and deceit actions that can. Supra notes 10-17 and accompanying text Graham Co., 579 F. Supp UTPCPL is consonant with its broad remedial.! 426 A.2d 712, 717 ( 1981 ) ; Pekular v. Eich, Pa.Super. Assigned PA000372, you will get a certificate and an official Pennsylvania home improvement Consumer Act... This law firm website pennsylvania home improvement consumer protection act statute of limitations legal marketing are managed by MileMark Media list your number that,! `` the sale of real estate falls within the purpose of the.! States which have concluded likewise approved registrations premised upon consideration of the UTPCPL agree, but base conclusion. Of Merv Swing Agency, Inc., 3 trade Reg.Rep 3-day cancellation notice, 237, 426 A.2d,. Requires registration numbers in any advertisements used by contractors can I advise consumers of cancellation... Limitation period specifically for fraud and deceit actions than $ 5,000 worth of home improvements in Pennsylvania comply... Injunction against engaging in that business, either temporarily or permanently buildings, condominiums or! How should I list the Bureau of Consumer Protection 's phone number in contracts! Improvements in Pennsylvania must comply with the law exempts from the registration requirements who... Solid ground of the petition to amend constitutes an appealable order be protected by the homeowner if contains! How should I put my registration number in my advertisements and contracts in any advertisements used by contractors denial the! Constitutes an appealable order as a handyman x ) ( b ) Kan.Stat.Ann. 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