Enrolled Senate Bill (S)

DIGEST

Real property improvement contracts. Amends the statute concerning home improvement contracts to do the following: (1) Redesignate a "home improvement contract" a "real property improvement contract" and make conforming changes in terminology throughout the statute. (2) Specify that for purposes of the statute, improvements include interior improvements made to real property, including improvements made to a basement. (3) Expand a consumer's right to cancel a contract to include canceling a contract before midnight on the third business day after the later of the following: (A) The date the contract is signed by the consumer and the real property improvement supplier. Real property improvement contracts. Amends the statute concerning home improvement contracts to do the following: (1) Redesignate a "home improvement contract" a "real property improvement contract" and make conforming changes in terminology throughout the statute. (2) Specify that for purposes of the statute, improvements include interior improvements made to real property, including improvements made to a basement. (3) Expand a consumer's right to cancel a contract to include canceling a contract before midnight on the third business day after the later of the following: (A) The date the contract is signed by the consumer and the real property improvement supplier. (B) If applicable, the date the consumer receives written notice from the consumer's insurance company of a final determination as to whether the consumer's claim or the contract is a covered loss under an insurance policy. (Current law allows an insured consumer to cancel a contract only before midnight on the third business day after the insured consumer has received written notice from the consumer's insurance company that any part of the claim or contract is not a covered loss under the insurance policy.) (4) Require that a real property improvement contract include an electronic mail address for the real property improvement supplier and each owner, officer, employee, or agent to whom consumer problems and inquiries can be directed. (5) Allow a consumer to submit a notice of contract cancellation by electronic mail. (6) Prohibit a third party subcontractor or vendor from initiating or pursuing a claim with an insured consumer's insurance company. (7) Provide that a real property improvement contract: (A) may not assign any rights of the consumer to any supplier or third party; and (B) must reflect the full amount of the contract price, less any discounts offered. (8) Make it a Class A misdemeanor for a real property improvement supplier or a third party to recklessly, knowingly, or intentionally impersonate a consumer. ... View more