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Home Construction and Remodeling Legislation

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Alberta Government Services, Canada 
Applies to new residential dwellings whether or not they are attached to land. Sellers of new residential dwellings must not contravene the 35 unfair practices in the Act such as: subjecting a consumer to undue pressure or influence to buy; taking advantage of a consumer’s inability to understand a consumer transaction; representing that goods or services are of a particular standard, quality, grade, style or model, if that representation is untrue; and representing the price of goods or services in a manner that a consumer might reasonably believe the price refers to a larger package of goods or services.
 

The Act also identifies what must be disclosed in a mortgage document, and when the disclosure statement must be delivered to the mortgager.                         

Statutes -
  • Fair Trading Act, Revised Statutes of Alberta Chapter F-105 1998, s. 13 – civil remedies against suppliers; s.61-65 disclosure requirements 
  • Real Estate Act, Revised Statutes of Alberta Chapter R 4.5

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Alberta Government Services, Canada 
Home renovation contractors must have a license and post a security if: they accept money before work is complete, and; they look for work or discuss or finalize a contract away from their normal place of business - for example, in a consumer’s home.
 

A prepaid contract worth $200 or more must be in writing and must contain the information identified in s. 35 of the Act and s. 10 of the regulation. 

A prepaid contract can be cancelled without reason no later than 10 days after the consumer receives his copy of the contract. Notice of cancellation is considered to be given on the date the letter was postmarked or delivered.  Cancellation rights can be extended for up to one year from the day the contract was signed if licensing, contract and delivery conditions have not been met.                                                                  

Statutes -
  • Fair Trading Act, Revised Statutes of Alberta Chapter F-105 1998
  • Prepaid Contracting Business Licensing Regulation – AR 185/99

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GA Governor’s Office 
Provides for criminal investigation and prosecution of persons engaging in home repair fraud.
                      

Statute - O.C.G.A. Section 10-1-393.5

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Mexico Federal Agency for Consumer Protection                  

Statute - Real Estate Maintenance: Articles 73, 75 Federal Consumer Protection Law

New York City Department of Consumer Affairs 
Imposes strict requirements on what needs to be in a home improvement contract and how a home improvement business must operate. Requires both the contractor and the home improvement salesperson to be licensed with the Department and requires the contractor to be bonded or to contribute into the Home Improvement Trust Fund. New Home Construction is not covered under the law.
                

Statutes -
  • NYC Administrative Code Chapter 2, Subchapter 22, Section 20-385 et. seq.
  • Rules of the City of New York Title 6 Section 2-220 et. seq.

 

Ohio Attorney General’s Office                      

Statutes -
  • Consumer Sales Practices Act, R.C. 1345.01 et. seq.
  • Home Sales Solicitation Act, R.C. 1345.21 et. seq.

Web Link

Suffolk County Office of Consumer Affairs (NY)
Requires an occupational license to work in this area. Requires insurance coverage, proper contracts, full disclosure etc.

Has withstood many court challenges

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Wisconsin Department of Agriculture, Trade and Consumer Protection 
Prohibits deceptive practices, including model home misrepresentations, product misrepresentations, bait selling, deceptive price and financing representations, and misleading guarantees; establishes written guarantee and contract requirements, and requires timely performance except where delay is unavoidable and timely notice is given.
                                                      

Statute - ATCP 132 Wisconsin Administrative Code

Web Link

Web-link to survey of state laws  

Home improvement contractors – model statute and 
comparison of state laws  

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