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Public Act 094-0490
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| HB2594 Enrolled |
LRB094 08973 RXD 39194 b |
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Home Repair and Remodeling Act is amended by |
changing Sections 15 and 30 and by adding Section 15.1 as |
follows:
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(815 ILCS 513/15)
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Sec. 15. Written contract; costs enumerated requirements; |
contents. Prior to initiating home
repair or remodeling work |
for over $1,000, a person engaged in the business of
home |
repair or
remodeling shall furnish to the customer for |
signature a written contract or
work order that states the |
total cost, including parts and materials listed
with |
reasonable particularity and any charge for an estimate. In |
addition, the
contract shall state the business name and |
address of the person engaged in the
business of home repair or |
remodeling. If the person engaged in the business
of home |
repair or remodeling uses a post office box or mail receiving |
service
or agent to receive home repair or remodeling business |
correspondence, the
contract also shall state the residence |
address of the person engaged in the
business of
home repair or |
remodeling.
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(Source: P.A. 91-230, eff. 1-1-00.)
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(815 ILCS 513/15.1 new) |
Sec. 15.1. Notice of contractual provisions. |
(a) A person engaged in the business of home repair and |
remodeling, that prepares or presents a written offer for home |
repair and remodeling to a consumer, shall advise the consumer, |
before the contract or agreement is accepted and executed, of |
the presence of any contractual provision that requires the |
consumer to: (i) submit all contract or agreement disputes to |
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binding arbitration in place
of a hearing in court before a |
judge or jury; and (ii)
waive his or her right to a trial by |
jury.
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(b) The consumer shall be given the option of accepting or |
rejecting both the binding arbitration clause and the jury |
trial waiver clause before the contract or agreement is |
accepted and executed by the consumer. If the consumer rejects |
either the binding arbitration clause or the jury trial waiver |
clause, or rejects both clauses, it shall be viewed as a |
counter offer to proceed with the proposed contract or |
agreement without the clause or clauses rejected. A person |
engaged in the business of home repair and remodeling shall |
have the right to reject the proposed contract or agreement. |
Proof that the consumer was given the option of accepting or |
rejecting both the binding arbitration clause and the jury |
trial waiver clause shall be demonstrated by having the |
consumer sign his or her name and write the word "accept" or |
"reject" in the margin next to each of the above clauses where |
it appears in the executed contract or agreement. |
(c) Failure to advise a consumer of the presence of the |
binding arbitration clause or the jury trial waiver clause or |
to secure the necessary acceptance, rejection or consumer |
signature as provided in this Section shall render null and |
void each clause that has not been accepted or rejected and |
signed by the consumer.
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(815 ILCS 513/30)
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Sec. 30. Unlawful acts. It is unlawful for any person |
engaged in the
business of
home repairs and remodeling to |
remodel or make repairs or charge for remodeling
or
repair work |
before obtaining a signed contract or work order over $1,000 |
and before notifying and securing the signed acceptance or |
rejection, by the consumer, of the binding arbitration clause |
and the jury trial waiver clause as required in Section 15 and |
Section 15.1 of this Act.
This
conduct is unlawful but is not |
exclusive nor meant to limit other kinds of
methods, acts,
or |