Current through February 26, 2024
No seller shall engage in the following unfair methods of
competition or unfair trade practices:
(1) MODEL HOME REPRESENTATIONS. Misrepresent
or falsely state to a prospective buyer that the buyer's residential or
non-commercial property is to serve as a "model" or "advertising job", or use
any other prospective buyer lure to mislead the buyer into believing that a
price reduction or other compensation will be received by reason of such
representations.
(2) PRODUCTION AND
MATERIAL REPRESENTATIONS. Misrepresent directly or by implication that products
or materials to be used in the home improvement:
(a) Need no periodic repainting, finishing,
maintenance, or other service.
(b)
Are of a specific or well-known brand name, or are produced by a specific
manufacturer or exclusively distributed by the seller.
(c) Are of a specific size, weight, grade, or
quality, or possess any other distinguishing characteristics or
features.
(d) Perform certain
functions or substitute for, or are equal in performance to, other products or
materials.
(e) Meet or exceed
municipal, state, federal, or other applicable standards or
requirements.
(f) Are approved or
recommended by any governmental agency, person, form, or organization, or that
they are the users of such products or materials.
(g) Are of sufficient size, capacity,
character, or nature to do the job expected or represented.
(h) Are or will be custom-built or specially
designed for the needs of the buyer.
(i) May be serviced or repaired within the
buyer's immediate trade area, or be maintained with replacement and repair
parts which are readily available.
(3) BAIT SELLING.
(a) Offer or represent specific products or
materials as being for sale, where the purpose or effect of the offer or
representation is not to sell as represented but to bait or entice the buyer
into the purchase of other or higher priced substitute products or
materials.
(b) Disparage, degrade,
or otherwise discourage the purchase of products or materials offered or
represented by the seller as being for sale, by statements or representations
in conflict with other claims or representations made with respect to such
products and materials, to induce the buyer to purchase other or higher priced
substitute products or materials.
(c) Refuse to show, demonstrate, or sell
products or materials as advertised, offered, or represented as being for
sale.
(e) Fail to have available a
quantity of the advertised product sufficient to meet reasonably anticipated
demands.
(f) Misrepresent that
certain products or materials are unavailable or that there will be a long
delay in their manufacture, delivery, service, or installation in order to
induce a buyer to purchase other or higher priced substitute products or
materials from the seller.
(4) IDENTITY OF SELLER.
(a) Deceptively gain entry into the
prospective buyer's home or onto the buyer's property under the guise of any
governmental or public utility inspection, or otherwise misrepresent that the
seller has any official right, duty, or authority to conduct an
inspection.
(b) Misrepresent that
the seller is an employee, officer, or representative of a manufacturer,
importer, or any other person, firm, or organization, or that such person,
firm, or organization will assume some obligation in fulfilling the terms of
the contract.
(c) Misrepresent the
status, authority, or position of the sales representative in the organization
he or she represents.
(d)
Misrepresent that the seller is licensed, bonded, or insured. If the seller
represents that the seller is licensed, bonded, or insured, the seller shall
provide the buyer with a written statement specifically describing the type of
license, bond, or insurance that the seller possesses.
(5) GIFT OFFERS. Offer or advertise any gift,
free item, or bonus without fully disclosing the terms or conditions of the
offer, including expiration date of the offer and when the gift, free item, or
bonus will be given, or fail to comply with the terms of such offer.
(6) PRICE AND FINANCING.
(a) Misrepresent to a prospective buyer that
an introductory, confidential, close-out, going out of business, factory,
wholesale, or any other special price or discount is being given, or that any
other concession is made because of materials left over from another job, a
market survey, or test, or any other reason.
(b) Misrepresent that any person, firm, or
organization, whether or not connected with the seller, is especially
interested in seeing that the prospective buyer gets a bargain, special price,
discount, or any other benefit or concession.
(c) Misrepresent or mislead the prospective
buyer into believing that insurance or some other form of protection will be
furnished to relieve the buyer from obligations under the contract if the buyer
becomes ill, dies, or is unable to make payments.
(d) Misrepresent or mislead the buyer into
believing that no obligation will be incurred because of the signing of any
document, or that the buyer will be relieved of some or all obligations under
the contract by the signing of any document.
(e) Request the buyer to sign a completion
slip or certificate, or make final payment on the contract before the home
improvement is completed in accordance with the terms of the
contract.
(f) Fail to disclose that
the offered or contract price does not include delivery or installation, or
that other requirements must be fulfilled by the buyer as a condition to the
performance of labor, services, or the furnishing of products or materials at
the offered or contract price.
(g)
Misrepresent that the down payment or any other sum constitutes the full amount
the buyer will be obligated to pay.
(h) Misrepresent or fail to disclose to a
buyer, before the buyer enters into a home improvement contract, the existence
or amount of any financing charges, interest service charges, credit
investigation costs, building or installation permit fees, or other costs or
charges to be paid by the buyer.
(i) Fail to disclose that the home
improvement contract, promissory note, or other evidence of indebtedness may be
assigned or sold to a financial institution or any other third party.
(j) Advise or induce the buyer to inflate the
value of the buyer's property or assets, or to misrepresent or falsify the
buyer's true financial position in order to obtain credit.
(k) Increase or falsify the contract price,
or induce the buyer by any means to misrepresent or falsify the contract price
or value of the home improvement for financing purposes or to obtain additional
credit.
(m) Where partial payments
are required at various stages in the performance of the contract, and the
buyer requests lien waivers under s.
ATCP
110.025(2), fail to give or furnish
to the buyer lien waivers in writing from all contractors, subcontractors, and
material suppliers for the proportionate value of all labor, services, and
products or materials furnished or delivered as of the time partial payment is
made.
(n) Fail to provide notice to
a buyer as required under s.
ATCP
110.025(1), before the buyer enters
into a home improvement contract, that the buyer is entitled to receive written
lien waivers.
(o) Misrepresent that
the seller is the only person who can provide financing for the home
improvement contract.
(7) PERFORMANCE.
(a) Deliver materials, begin work, or use any
other tactic to pressure the buyer into a home improvement contract, or make
any claim or assertion that a binding contract has been agreed upon where no
final agreement or understanding exists.
(b) Solicit or accept any payment for home
improvement materials or services which the seller does not intend to provide
according to the terms of the home improvement contract, or which the seller
has reason to believe will not be provided according to the terms of the
contract.
(8)
INTERFERENCE WITH COMPETITORS.
(a) Make false
derogatory statements concerning any competitor, the competitor's equipment,
products or materials, workmanship, performance, reputation or responsibility,
or attempt to or induce the breach of any existing home improvement contract
between a prospective buyer and a competitor, or interfere with or obstruct the
performance of any home improvement contract by a competitor.
(b) Misrepresent that the work of a
competitor was performed by the seller.
(c) Misrepresent that the seller's products,
materials, or workmanship are equal to or better than those of a
competitor.
(d) Use or imitate the
trade-marks, trade names, labels, or other distinctive marks of a
competitor.
(9) SALES
REPRESENTATIONS.
(a) Misrepresent or mislead
the buyer into believing that a purchase will aid or help some public,
charitable, religious, welfare, or veteran's organization, or any other person,
group, or organization, or misrepresent the extent of such aid or
assistance.
(b) Fail to make any
statement of fact, qualification, or explanation if the omission of such
statement, qualification, or explanation causes an advertisement, announcement,
statement, or representation to be false, deceptive, or misleading.
(c) Misrepresent that the customer's present
equipment, material, product, home, or a part thereof, is dangerous or
defective, or in need of repair or replacement.
(10) MISAPPROPRIATION OF BUYER'S PREPAYMENTS.
Use any home improvement contract payment, received from a buyer prior to the
completion of a home improvement, for any purpose other than to provide
materials or services for the home improvement.
(11) MISREPRESENTATIONS; GENERAL. Make any
false, deceptive, or misleading representation in order to induce any person to
enter into a home improvement contract, to obtain or keep any payment under a
home improvement contract, or to delay performance under a home improvement
contract.