§ 517.9. Prohibited acts
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: July 7, 2011
Effective: July 7, 2011
73 P.S. § 517.9
§ 517.9. Prohibited acts
No person shall:
(2) Fail to refund the amount paid for a home improvement within ten days of either the acceptance and execution of a return receipt for certified mail containing a written request for a refund or the refusal to accept the certified mail sent to the contractor's last known address if all of the following apply:
(5) Abandon or fail to perform, without justification, any home improvement contract or project engaged in or undertaken by a contractor. For the purposes of this paragraph, the term “justification” shall include nonpayment by the owner as required under the contract or any other violation of the contract by the owner.
(A) Posts an irrevocable letter of credit payable to the bureau for the use and benefit of every person protected by the provisions of this subparagraph in a form approved by the bureau, in the amount of $100,000 per store location but not to exceed $2,000,000 for a home improvement retailer that has multiple stores.
(B) Ensures that its contractors are registered under this act and have proof of liability insurance as defined in section 4(a)(1)(ix).1
(iii) In the event of a dispute with a home improvement retailer or a contractor authorized to do work on behalf of the home improvement retailer, an owner may file with the bureau a complaint against the home improvement retailer and request a draw upon the home improvement retailer's letter of credit. The following shall apply:
(B) Upon a determination by the bureau that the home improvement retailer is in default of the contract, the bureau may, after providing notice to the home improvement retailer, draw upon the irrevocable letter of credit to satisfy a consumer's complaint as part of its mediation process or a civil action brought under the act of December 17, 1968 (P.L.1224, No.387),2 known as the Unfair Trade Practices and Consumer Protection Law.
(C) A home improvement retailer with two draws on an irrevocable letter of credit within a two-year period issued for the purposes of this subparagraph shall be prohibited from posting an irrevocable letter of credit for purposes of this subparagraph for a period of five years beginning from the date of the second draw and shall be required to comply with subparagraph (i).
(12) Subsequent to entering into an agreement for home improvement services or materials, changes the name of the contractor's business, liability insurance information, the contractor's business address 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.
Credits
2008, Oct. 17, P.L. 1645, No. 132, § 9, effective July 1, 2009. Amended 2011, July 7, P.L. 262, No. 52, § 2, imd. effective.
73 P.S. § 517.9, PA ST 73 P.S. § 517.9
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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