Full Text of HB6845 96th General Assembly
HB6845 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6845
Introduced 4/13/2010, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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Amends the Home Repair and Remodeling Act. Provides that the consumer rights pamphlet that must be provided to customers by a person engaged in the business of home repair and remodeling may be printed on the back of the home repair and remodeling contract (as an alternative to being provided as a separate document). Provides that in either case, the pamphlet must be printed in at least 12 point type and in legible ink. Effective immediately.
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A BILL FOR
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HB6845 |
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LRB096 21835 DRJ 39767 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 | 5 |
| changing Section 20 as follows:
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| (815 ILCS 513/20)
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| Sec. 20. Consumer rights brochure.
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| (a) For any contract over $1,000, any
person engaging in | 9 |
| the business
of home repair and remodeling shall provide to its | 10 |
| customers a copy of the
"Home Repair: Know Your Consumer | 11 |
| Rights" pamphlet prior to the execution of any
home repair and | 12 |
| remodeling contract. The consumer shall sign and date an
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| acknowledgment form entitled "Consumer Rights Acknowledgment | 14 |
| Form" that states:
"I, the homeowner, have received from the | 15 |
| contractor a copy of the pamphlet
entitled 'Home Repair: Know | 16 |
| Your Consumer Rights.'" The contractor or his or
her | 17 |
| representative shall also sign and date the acknowledgment | 18 |
| form, which
includes the name and address of the home repair | 19 |
| and remodeling business. The
acknowledgment form shall be in | 20 |
| duplicate and incorporated into the pamphlet.
The original | 21 |
| acknowledgment form shall be retained by the contractor and the
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| duplicate copy shall be retained within the pamphlet by the | 23 |
| consumer.
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HB6845 |
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LRB096 21835 DRJ 39767 b |
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| (b) For any contract for $1,000 or under, any person | 2 |
| engaging in the
business
of home repair and remodeling shall | 3 |
| provide to its customers a copy of the
"Home Repair: Know Your | 4 |
| Consumer Rights" pamphlet. No written acknowledgment
of | 5 |
| receipt of the pamphlet is required for a contract of $1,000 or | 6 |
| under.
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| (c) The
pamphlet may must be a separate
document, or it may | 8 |
| be printed on the back of the home repair and remodeling | 9 |
| contract. In either case, however, the pamphlet must be printed | 10 |
| in at least 12 point type , and in legible ink. The pamphlet | 11 |
| shall
read as follows:
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| "HOME REPAIR: KNOW YOUR CONSUMER RIGHTS
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| As you plan for your home repair/improvement project, it is | 14 |
| important to
ask the right questions in order to protect your | 15 |
| investment. The tips in this
fact sheet should allow you to | 16 |
| protect yourself and minimize the possibility
that a | 17 |
| misunderstanding may occur.
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| AVOIDING HOME REPAIR FRAUD
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| Please use extreme caution when confronted with the following | 20 |
| warning signs of
a potential scam:
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| (1) Door-to-door salespersons with no local connections | 22 |
| who offer to do
home repair work for substantially less than |
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HB6845 |
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LRB096 21835 DRJ 39767 b |
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| the market price.
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| (2) Solicitations for repair work from a company that lists | 3 |
| only a
telephone number or a post-office box number to contact, | 4 |
| particularly if it is
an
out-of-state company.
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| (3) Contractors who fail to provide customers references | 6 |
| when requested.
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| (4) Persons offering to inspect your home for free. Do not | 8 |
| admit anyone
into your home unless he or she can present | 9 |
| authentic identification
establishing his or her business | 10 |
| status. When in doubt, do not hesitate to
call the
worker's | 11 |
| employer to verify his or her identity.
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| (5) Contractors demanding cash payment for a job or who ask | 13 |
| you to make a
check payable to a person other than the owner or | 14 |
| company name.
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| (6) Offers from a contractor to drive you to the bank to | 16 |
| withdraw funds to
pay for the work.
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| CONTRACTS
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| (1) Get all estimates in writing.
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| (2) Do not be induced into signing a contract by | 20 |
| high-pressure sales
tactics.
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| (3) Never sign a contract with blank spaces or one you do | 22 |
| not fully
understand. If you are taking out a loan to finance | 23 |
| the work, do not sign the
contract before your lender approves | 24 |
| the loan.
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| (4) Remember, you have 3 business days from the time you | 2 |
| sign your
contract
to cancel any contract if the sale is made | 3 |
| at your home. The contractor cannot
deprive you of this right | 4 |
| by initiating work, selling your contract to a
lender, or any | 5 |
| other tactic.
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| (5) If the contractor does business under a name other than | 7 |
| the
contractor's
real name, the business must either be | 8 |
| incorporated or registered under the
Assumed Business Name Act. | 9 |
| Check with the Secretary of State to see if the
business is
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| incorporated or with the county clerk to see if the business | 11 |
| has registered
under the Assumed Business Name Act.
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| (6) Homeowners should check with local and county units of | 13 |
| government to
determine if permits or inspections are required.
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| (7) Determine whether the contractor will guarantee his or | 15 |
| her work and
products.
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| (8) Determine whether the contractor has the proper | 17 |
| insurance.
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| (9) Do not sign a certificate of completion or make final | 19 |
| payment until
the
work is done to your satisfaction.
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| (10) Remember, homeowners should know who provides | 21 |
| supplies and labor for
any work performed on your home. | 22 |
| Suppliers and subcontractors have a right to
file a lien | 23 |
| against your property if the general contractor fails to pay | 24 |
| them.
To protect your property, request lien waivers from the | 25 |
| general contractor.
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LRB096 21835 DRJ 39767 b |
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| BASIC TERMS TO BE INCLUDED IN A CONTRACT
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| (1) Contractor's full name, address, and telephone number. | 3 |
| Illinois law
requires that
persons selling home repair and | 4 |
| improvement services provide their customers
with notice of any | 5 |
| change to their business name or address that comes about
prior | 6 |
| to the agreed dates for beginning or completing the work.
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| (2) A description of the work to be performed.
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| (3) Starting and estimated completion dates.
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| (4) Total cost of work to be performed.
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| (5) Schedule and method of payment, including down payment, | 11 |
| subsequent
payments, and final payment.
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| (6) A provision stating the grounds for termination of the | 13 |
| contract by
either party. However, the homeowner must pay the | 14 |
| contractor for work
completed. If the contractor fails to | 15 |
| commence or complete work within the
contracted time period, | 16 |
| the homeowner may cancel and may be entitled to a
refund of any | 17 |
| down payment
or other payments made towards the work, upon | 18 |
| written demand by certified mail.
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| Homeowners should obtain a copy of the signed contract and | 20 |
| keep it in a safe
place for reference as needed.
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| IF YOU THINK YOU HAVE BEEN DEFRAUDED OR YOU HAVE QUESTIONS
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| If you think you have been defrauded by a contractor or | 23 |
| have any questions,
please bring
it to the attention of your | 24 |
| State's Attorney or the Illinois Attorney General's
Office.
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HB6845 |
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LRB096 21835 DRJ 39767 b |
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| Attorney General Toll-Free Numbers
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| Carbondale (800) 243-0607
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| Springfield (800) 243-0618
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| Chicago (800) 386-5438".
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| (Source: P.A. 91-230, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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