Skip to main content
Senate Bill 0509


Senate Bill 0509

ARCHIVE (2005)

Latest Information

 

DIGEST OF SB 509 (Updated April 26, 2005 7:40 pm - DI 84)


Deceptive acts, attorney general, and new home warranties. Defines an offer to cure a deceptive act as a cure that: (1) is reasonably calculated to remedy the consumer's loss; and (2) includes an additional amount of the greater of 10% of the value of the cure or $500. Provides that: (1) the court may award additional damages for a willful deceptive act; (2) an offer to cure is only admissible as evidence in a proceeding to show that a party is not entitled to attorney's fees; and (3) a respondent may not be held liable for attorney's fees and court costs unless the actual damages awarded exceed the value of the offer to cure. Specifies that the real estate exclusion for uncured deceptive acts under this section includes a claim involving a construction defect that is brought against a construction professional. Requires a contractor that contracts with a governmental body to certify that the contractor, the contractor's affiliates, and persons acting on behalf of the contractor or its affiliates have not violated the terms of the telephone privacy act in the previous year, and will not violate the terms of the telephone privacy act, telephone solicitation act, or automatic dialing act for the duration of the contract. Permits the attorney general to institute a civil action to void a contract if the contractor: (1) falsely asserts past compliance with the telephone privacy act; or (2) violates the terms of the telephone privacy act, telephone solicitation act, or automatic dialing act while the contract is in effect. Excludes contracts where one party is a political subdivision from compliance with the telephone privacy contracting restrictions. Provides that the warranty date for a new home begins on the date of first occupancy of the new home by the builder, a renter, a person living in the home at the request of the builder, or the initial home buyer. Provides that when a home is sold by the builder, a renter, or a person living in the home at the request of the builder the warranty must include the warranty date and the amount of time remaining under the warranty.
    Current Status:
     Law Enacted
    >Latest Printing > (PDF)