Law Office Of Paul DePetris
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New Jersey Home Improvement Regulations FAQs

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case!  The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation, deadlines and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


NEW JERSEY HOME IMPROVEMENT REGULATIONS FAQS


WHAT ARE THE NEW JERSEY HOME IMPROVEMENT REGULATIONS?
The New Jersey Consumer Fraud Act and its regulations regulate certain New Jersey home repair contractors that sell New Jersey home repair services to New Jersey homeowners.  New Jersey Consumer Fraud in New Jersey home repair contracts is a very serious problem, causing many New Jersey homeowners financial losses and inconvenience.  To fight the commission of New Jersey consumer fraud in New Jersey home repair contracts, the New Jersey Division of Consumer Affairs adopted New Jersey consumer fraud regulations that regulate New Jersey home repair contractors.  


WHAT IS A NEW JERSEY HOME IMPROVEMENT UNDER THE NEW JERSEY HOME IMPROVEMENT REGULATIONS?
Under the New Jersey home improvement regulations, "Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring, moving, demolishing, or modernizing of residential or noncommercial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping,fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement waterproofing, fire protection devices, security protection devices, central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems, insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other changes, repairs, or improvements made in or on, attached to or forming a part of the residential
or noncommercial property, but does not include the construction of a new residence. The term extends
to the conversion of existing commercial structures into residential or noncommercial property
and includes any of the above activities performed under emergency conditions.


WHAT IS A NEW JERSEY HOME IMPROVEMENT CONTRACT UNDER THE NEW JERSEY HOME IMPROVEMENT REGULATIONS?
Under the New Jersey home improvement regulations, "Home improvement contract" means an oral or written agreement between a seller and an owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements made in, to, or upon such property, and includes all agreements under which the seller is to perform labor or render services for home improvements, or furnish materials in connection therewith.


TO WHAT TYPES OF PROPERTIES DO THE NEW JERSEY HOME IMPROVEMENT REGULATIONS APPLY? 
The New Jersey home improvement regulations apply to "residential or non-commercial property" which means a structure used, in whole or in substantial part, as a home or place of residence by any natural person, whether or not a single or multi-unit structure, and that part of the lot or site on which it is situated and which is devoted to the residential use of the structure, and includes all appurtenant structures.


WHO IS A SALES REPRESENTATIVE UNDER THE NEW JERSEY HOME IMPROVEMENT REGULATIONS?
"Sales representative" means a person employed by or contracting with a seller for the purpose
of selling home improvements.


WHO IS A SELLER REPRESENTATIVE UNDER THE NEW JERSEY HOME IMPROVEMENT REGULATIONS?
"Seller" means a person engaged in the business of making or selling home improvements and
includes corporations, partnerships, associations and any other form of business organization or
entity, and their officers, representatives, agents and employees.


HOW DOES A NEW JERSEY HOME IMROVEMENT CONTRACTOR VIOLATE THE NEW JERSEY HOME IMPROVEMENT REGULATIONS?
Under the New Jersey home improvement regulations, utilization by a seller of the following acts and practices involving the sale, attempted sale, advertisement or performance of New Jersey home improvements shall be unlawful.  The following are some examples of actions by a New Jersey home improvement contractor that violate the New Jersey Home Improvement Regulations.


MODEL HOME MISREPRESENTATIONS BY A NEW JERSEY HOME IMPROVEMENT CONTRACTOR
Under the New Jersey home improvement regulations, the New Jersey home improvement contractor cannot misrepresent or falsely state to a prospective buyer that the buyer's residential or noncommercial property is to serve as a "model" or "advertising job", or use any other prospective buyer lure to mislead the New Jersey homeowner into believing that a price reduction or other compensation will be received by reason of such representations.


PRODUCT AND MATERIAL MISREPRESENTATIONS BY A NEW JERSEY HOME IMPROVEMENT CONTRACTOR
Under the New Jersey home improvement regulations, the New Jersey home improvement contractor cannot misrepresent directly or by implication that products or materials to be used in the home improvement:
i. Need no periodic repainting, finishing, maintenance or other service;
ii. Are of a specific or well-known brand name, or are produced by a specific manufacturer
or exclusively distributed by the seller;
iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics
or features;
iv. Perform certain functions or substitute for, or are equal in performance to, other products
or materials;
v. Meet or exceed municipal, state, federal, or other applicable standards or requirements;
vi. Are approved or recommended by any governmental agency, person, firm or organization,
or that they are the users of such products or materials;
vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;
viii. Are or will be custom-built or specially designed for the needs of the New Jersey homeowner; or
ix. May be serviced or repaired within the New Jersey homeowner's immediate trade area, or be maintained with replacement and repair parts which are readily available.


BAIT SELLING BY A NEW JERSEY HOME IMPROVEMENT CONTRACTOR
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot 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.


DISPARAGING, DEGRADING OR OTHERWISE DISCOURAGING THE PURCHASE OF PRODUCTS OR MATERIALS OFFERED OR REPRESENTED BY THE SELLER AS BEING FOR SALE BY A NEW JERSEY HOME IMPROVEMENT CONTRACTOR
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot disparage, degrade or otherwise discourage the purchase of products or materials offered
or represented by the seller as being for sale to induce the New Jersey homeowner to purchase
other or higher priced substitute products or materials.


REFUSAL TO SHOW, DEMONSTRATE OR SELL BY A NEW JERSEY HOME IMPROVEMENT CONTRACTOR
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot refuse to show, demonstrate or sell products or materials as advertised, offered, or represented
as being for sale.


SUBSTITUTION OF PRODUCTS OR MATERIALS BY A NEW JERSEY HOME IMPROVEMENT CONTRACTOR
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot substitute products or materials for those specified in the home improvement contract,
or otherwise represented or sold for use in the making of home improvements by sample,
illustration or model, without the knowledge or consent of the New Jersey homeowner.


A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S FAILURE TO HAVE PRODUCT MEET DEMANDS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot Fail to have available a quantity of the advertised product sufficient to meet reasonably
anticipated demands or 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.


DECEPTIVELY GAINING ENTRY INTO A HOME BY A NEW JERSEY HOME IMPROVEMENT CONTRACTOR
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot deceptively gain entry into the prospective buyer's home or onto the New Jersey homeowner'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.


A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MISREPRESENTATIONS THAT OTHERS WILL ASSUME OBLIGATIONS UNDER THE NEW JERSEY HOME IMPROVEMENT CONTRACT
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot misrepresent that the seller is an employee, office or representative of a manufacturer,
importer or any other person, firm or organization, or a member of any trade association, or that such person, firm or organization will assume some obligation in fulfilling the terms of the New Jersey home improvement contract.


A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MISREPRESENTATIONS AS TO STATUS AUTHORITY OR POSITION IN AN ORGANIZATION
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot misrepresent the status, authority or position of the sales representative in the organization
he represents.


A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MISREPRESENTATIONS AS TO RELATIONSHIP TO PARTICULAR SELLER
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot misrepresent that the sales representative is an employee or representative of or works
exclusively for a particular seller.


A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MISREPRESENTATIONS AS TO AFFILIATION WITH GOVERNMENT OR PUBLIC AGENCY
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot misrepresent that the seller is part of any governmental or public agency in any printed
or oral communication including but not limited to leaflets, tracts or other printed material,
or that any licensing denotes approval by the governmental agency.


A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S MISREPRESENTATIONS AS TO GIFT OFFERS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot 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.


A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S PRICE AND FINANCING MISREPRESENTATIONS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot:
 i. 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 a market survey or test, use of materials
left over from another job, or any other reason; 
ii. 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;
iii. Misrepresent or mislead the prospective buyer into believing that insurance or some
other form of protection will be furnished to relieve the New Jersey homeowner from obligations under the
contract if the New Jersey homeowner becomes ill, dies or is unable to make payments;
iv. Misrepresent or mislead the New Jersey homeowner into believing that no obligation will be incurred because of the signing of any document, or that the New Jersey homeowner will be relieved of some or all obligations under the New Jersey home improvement contract by the signing of any documents;
v. Request the New Jersey homeowner to sign a certificate of completion, or make final payment on the New Jersey home improvement contract before the home improvement is completed in accordance with the terms of the
contract;
vi. Misrepresent or fail to disclose that the offered or contract price does not include delivery
or installation, or that other requirements must be fulfilled by the New Jersey homeowner as a condition
to the performance of labor, services, or the furnishing of products or materials at
the offered or contract price;
vii. Mislead the prospective buyer into believing that the down payment or any other sum
constitutes the full amount the New Jersey homeowner will be obligated to pay;
viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing
charges, interest service charges, credit investigation costs, building or installation
permit fees, or other obligations, charges, cost or fees to be paid by the New Jersey homeowner;
ix. Advise or induce the New Jersey homeowner to inflate the value of the New Jersey homeowner's property or assets, or to misrepresent or falsify the New Jersey homeowner's true financial position in order to obtain credit; or x. Increase or falsify the New Jersey home improvement contract price, or induce the New Jersey homeowner by any means to misrepresent or falsify the New Jersey home improvement contract price or value of the home improvement for financing purposes or to obtain additional credit.


A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S NONPERFORMANCE OF CERTAIN OBLIGATIONS UNDER THE NEW JERSEY HOME IMPROVEMENT CONTRACT
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot: 
i. Deliver materials, begin work, or use any similar tactic to unduly pressure the New Jersey homeowner 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;
ii. Fail to begin or complete work on the date or within the time period specified in the
home improvement contract, or as otherwise represented, unless the delay is for reason
of labor stoppage; unavailability of supplies or materials, unavoidable casualties, or any
other cause beyond the seller's control. Any changes in the dates or time periods stated
in a written contract shall be agreed to in writing; or
iii. Fail to give timely written notice to the New Jersey homeowner of reasons beyond the seller's control for any delay in performance, and when the work will begin or be completed.


A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S DISPARAGEMENT OF COMPETITORS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot: 
i. Misrepresent that the work of a competitor was performed by the seller;
ii. Misrepresent that the seller's products, materials or workmanship are equal to or better
than those of a competitor; or
iii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.
9. Sales representations:
i. Misrepresent or mislead the New Jersey homeowner into believing that a purchase will aid or help some
public, charitable, religious, welfare or veterans' organization, or misrepresent the extent
of such aid or assistance;
ii. Knowingly fail to make any material 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; or
iii. 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.


A NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S OBLIGATIONS PERTAINING TO PERMITS
Under the New Jersey home improvement regulations, a New Jersey home improvement contractor cannot: 
i. commence work until he is sure that all applicable state or local building and construction permits have been issued as required under state laws or local ordinances; or
ii. Where midpoint or final inspections are required under state laws or local ordinances,
copies of inspection certificates shall be furnished to the New Jersey homeowner by the seller when construction is completed and before final payment is due or the signing of a completion slip
is requested of the New Jersey homeowner.


MANDATORY WARRANTY DISCLOSURES BY NEW JERSEY HOME IMPROVEMENT CONTRACTORS
Under the New Jersey home improvement regulations, a New Jersey home improvement seller shall furnish the New Jersey homeowner a written copy of all guarantees or warranties made
with respect to labor services, products or materials furnished in connection with home
improvements. Such guarantees or warranties shall be specific, clear and definite and
shall include any exclusions or limitations as to their scope or duration. Copies of all
guarantees or warranties shall be furnished to the New Jersey homeowner at the time the seller presents
his bid as well as at the time of execution of the New Jersey home improvement contract, except that separate guarantees
or warranties of the manufacturer of products or materials may be furnished at the
time such products or materials are installed.


REQUIREMENT THAT CERTAIN NEW JERSEY HOME IMPROVEMENT CONTRACTS BE IN WRITING
Under the New Jersey home improvement regulations, all home improvement contracts for a purchase price in excess of $500.00, and all changes in the terms and conditions thereof shall be in writing. Home improvement contracts which are required by this subsection to be in writing, and all changes in the terms and conditions thereof, shall be signed by all parties thereto, and shall clearly and accurately set forth in legible form and in understandable language all terms and conditions of the New Jersey home improvement contract, including, but not limited to, the following: 
i. The legal name and business address of the seller, including the legal name and business
address of the sales representative or agent who solicited or negotiated the New Jersey home improvement contract
for the seller;
ii. A description of the work to be done and the principal products and materials to be used
or installed in performance of the New Jersey home improvement contract. The description shall include, where applicable,
the name, make, size, capacity, model, and model year of principal products or fixtures
to be installed, and the type, grade, quality, size or quantity of principal building or
construction materials to be used. Where specific representations are made that certain
types of products or materials will be used, or the New Jersey homeowner has specified that certain types
of products are to be used, a description of such products or materials shall be clearly
set forth in the New Jersey home improvement contract;
iii. The total price or other consideration to be paid by the New Jersey homeowner, including all finance
charges. If the New Jersey home improvement contract is one for time and materials, the hourly rate for labor and all
other terms and conditions of the New Jersey home improvement contract affecting price shall be clearly stated;
 iv. The dates or time period on or within which the work is to begin and be completed by
the seller;
v. A description of any mortgage or security interest to be taken in connection with the financing
or sale of the home improvement; and
vi. A statement of any guarantee or warranty with respect to any products, materials, labor
or services made by the seller.


MANDATORY DISCLOSURES AND OBLIGATIONS CONCERNING PRESERVATION OF BUYERS' CLAIMS AND DEFENSES
Under the New Jersey home improvement regulations, If a person other than the New Jersey home improvement seller is to act as the general contractor or assume responsibility for performance of the New Jersey home improvement contract, the name and address of such person shall be disclosed in the oral or written contract, except as otherwise agreed, and the New Jersey home improvement contract shall not be sold or assigned without the written consent of the New Jersey homeowner.  No New Jersey home improvement contract shall require or entail the execution of any note, unless such note shall have conspicuously printed thereon the disclosures required by either State law (N.J.S.A. 17:16C-64.2 (consumer note)) or Federal law (16 C.F.R. section 433.2) concerning the preservation of buyers' claims and defenses.


NEW JERSEY HOME IMPROVEMENT PRACTICES REGULATIONS
Below are actual New Jersey Home Improvement Regulations – also called the New Jersey Home Improvement Regulations.


TITLE 13. LAW AND PUBLIC SAFETY
CHAPTER 45A. ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
SUBCHAPTER 16. HOME IMPROVEMENT PRACTICES
§ 13:45A-16.1 Purpose and scope
(a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer
Fraud Act, N.J.S.A. 56:8-1 et seq., by providing procedures for the regulation and content of home
improvement contracts and establishing standards to facilitate enforcement of the requirements of
the Act.
(b) The rules in this subchapter shall apply to all sellers as defined in N.J.A.C. 13:45A-16.1A and to
all home improvement contractors as defined in N.J.A.C. 13:45A-17.2 whether or not they are exempt
from the provisions of N.J.A.C. 13:45A-17.
§ 13:45A-16.1A Definitions
The following words and terms, when used in this subchapter, shall have the following meanings
unless the context indicates otherwise.
"Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring,
moving, demolishing, or modernizing of residential or noncommercial property or the making
of additions thereto, and includes, but is not limited to, the construction, installation, replacement,
improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping,
fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement
waterproofing, fire protection devices, security protection devices, central heating and air
conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems,
insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other
changes, repairs, or improvements made in or on, attached to or forming a part of the residential
or noncommercial property, but does not include the construction of a new residence. The term extends
to the conversion of existing commercial structures into residential or noncommercial property
and includes any of the above activities performed under emergency conditions.
"Home improvement contract" means an oral or written agreement between a seller and an
owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or
noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements
made in, to, or upon such property, and includes all agreements under which the seller
is to perform labor or render services for home improvements, or furnish materials in connection
therewith.
"Residential or non-commercial property" means a structure used, in whole or in substantial
part, as a home or place of residence by any natural person, whether or not a single or multi-unit
structure, and that part of the lot or site on which it is situated and which is devoted to the residential
use of the structure, and includes all appurtenant structures.
"Sales representative" means a person employed by or contracting with a seller for the purpose
of selling home improvements.
"Seller" means a person engaged in the business of making or selling home improvements and
includes corporations, partnerships, associations and any other form of business organization or
entity, and their officers, representatives, agents and employees.
§ 13:45A-16.2 Unlawful practices
(a) Without limiting any other practices which may be unlawful under the Consumer Fraud Act,
N.J.S.A. 56:8-1 et seq., utilization by a seller of the following acts and practices involving the sale,
attempted sale, advertisement or performance of home improvements shall be unlawful hereunder.
7
1. Model home representations: Misrepresent or falsely state to a prospective buyer that the
buyer's residential or noncommercial 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. Product and material representations: Misrepresent directly or by implication that products or
materials to be used in the home improvement:
i. Need no periodic repainting, finishing, maintenance or other service;
ii. Are of a specific or well-known brand name, or are produced by a specific manufacturer
or exclusively distributed by the seller;
iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics
or features;
iv. Perform certain functions or substitute for, or are equal in performance to, other products
or materials;
v. Meet or exceed municipal, state, federal, or other applicable standards or requirements;
vi. Are approved or recommended by any governmental agency, person, firm or organization,
or that they are the users of such products or materials;
vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;
viii. Are or will be custom-built or specially designed for the needs of the buyer; or
ix. 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:
i. 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;
ii. Disparage, degrade or otherwise discourage the purchase of products or materials offered
or represented by the seller as being for sale to induce the buyer to purchase
other or higher priced substitute products or materials;
iii. Refuse to show, demonstrate or sell products or materials as advertised, offered, or represented
as being for sale;
iv. Substitute products or materials for those specified in the home improvement contract,
or otherwise represented or sold for use in the making of home improvements by sample,
illustration or model, without the knowledge or consent of the buyer;
v. Fail to have available a quantity of the advertised product sufficient to meet reasonably
anticipated demands; or
vi. 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:
i. 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;
ii. Misrepresent that the seller is an employee, office or representative of a manufacturer,
importer or any other person, firm or organization, or a member of any trade associa-
8
tion, or that such person, firm or organization will assume some obligation in fulfilling
the terms of the contract;
iii. Misrepresent the status, authority or position of the sales representative in the organization
he represents;
iv. Misrepresent that the sales representative is an employee or representative of or works
exclusively for a particular seller; or
v. Misrepresent that the seller is part of any governmental or public agency in any printed
or oral communication including but not limited to leaflets, tracts or other printed material,
or that any licensing denotes approval by the governmental agency.
5. Gift offers:
i. 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
ii. Fail to comply with the terms of such offer.
6. Price and financing:
i. 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 a market survey or test, use of materials
left over from another job, or any other reason;
ii. 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;
iii. 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;
iv. 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 documents;
v. Request the buyer to sign a certificate of completion, or make final payment on the contract
before the home improvement is completed in accordance with the terms of the
contract;
vi. Misrepresent or 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;
vii. Mislead the prospective buyer into believing that the down payment or any other sum
constitutes the full amount the buyer will be obligated to pay;
viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing
charges, interest service charges, credit investigation costs, building or installation
permit fees, or other obligations, charges, cost or fees to be paid by the buyer;
ix. 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; or
x. 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.
9
7. Performance:
i. Deliver materials, begin work, or use any similar tactic to unduly 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;
ii. Fail to begin or complete work on the date or within the time period specified in the
home improvement contract, or as otherwise represented, unless the delay is for reason
of labor stoppage; unavailability of supplies or materials, unavoidable casualties, or any
other cause beyond the seller's control. Any changes in the dates or time periods stated
in a written contract shall be agreed to in writing; or
iii. Fail to give timely written notice to the buyer of reasons beyond the seller's control for
any delay in performance, and when the work will begin or be completed.
8. Competitors:
i. Misrepresent that the work of a competitor was performed by the seller;
ii. Misrepresent that the seller's products, materials or workmanship are equal to or better
than those of a competitor; or
iii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.
9. Sales representations:
i. Misrepresent or mislead the buyer into believing that a purchase will aid or help some
public, charitable, religious, welfare or veterans' organization, or misrepresent the extent
of such aid or assistance;
ii. Knowingly fail to make any material 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; or
iii. 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. Building permits:
i. No seller contracting for the making of home improvements shall commence work until
he is sure that all applicable state or local building and construction permits have been
issued as required under state laws or local ordinances; or
ii. Where midpoint or final inspections are required under state laws or local ordinances,
copies of inspection certificates shall be furnished to the buyer by the seller when construction
is completed and before final payment is due or the signing of a completion slip
is requested of the buyer.
11. Guarantees or warranties:
i. The seller shall furnish the buyer a written copy of all guarantees or warranties made
with respect to labor services, products or materials furnished in connection with home
improvements. Such guarantees or warranties shall be specific, clear and definite and
shall include any exclusions or limitations as to their scope or duration. Copies of all
guarantees or warranties shall be furnished to the buyer at the time the seller presents
his bid as well as at the time of execution of the contract, except that separate guarantees
or warranties of the manufacturer of products or materials may be furnished at the
time such products or materials are installed.
12. Home improvement contract requirements--writing requirement: All home improvement contracts
for a purchase price in excess of $500.00, and all changes in the terms and conditions
10
thereof shall be in writing. Home improvement contracts which are required by this subsection to
be in writing, and all changes in the terms and conditions thereof, shall be signed by all parties
thereto, and shall clearly and accurately set forth in legible form and in understandable language
all terms and conditions of the contract, including, but not limited to, the following:
i. The legal name and business address of the seller, including the legal name and business
address of the sales representative or agent who solicited or negotiated the contract
for the seller;
ii. A description of the work to be done and the principal products and materials to be used
or installed in performance of the contract. The description shall include, where applicable,
the name, make, size, capacity, model, and model year of principal products or fixtures
to be installed, and the type, grade, quality, size or quantity of principal building or
construction materials to be used. Where specific representations are made that certain
types of products or materials will be used, or the buyer has specified that certain types
of products are to be used, a description of such products or materials shall be clearly
set forth in the contract;
iii. The total price or other consideration to be paid by the buyer, including all finance
charges. If the contract is one for time and materials, the hourly rate for labor and all
other terms and conditions of the contract affecting price shall be clearly stated;
iv. iv. The dates or time period on or within which the work is to begin and be completed by
the seller;
v. A description of any mortgage or security interest to be taken in connection with the financing
or sale of the home improvement; and
vi. A statement of any guarantee or warranty with respect to any products, materials, labor
or services made by the seller.
13. Disclosures and obligations concerning preservation of buyers' claims and defenses:
i. If a person other than the seller is to act as the general contractor or assume responsibility
for performance of the contract, the name and address of such person shall be disclosed
in the oral or written contract, except as otherwise agreed, and the contract shall
not be sold or assigned without the written consent of the buyer;
ii. ii. No home improvement contract shall require or entail the execution of any note,
unless such note shall have conspicuously printed thereon the disclosures required by either
State law (N.J.S.A. 17:16C-64.2 (consumer note)) or Federal law (16 C.F.R. section
433.2) concerning the preservation of buyers' claims and defenses.


AN EXPERIENCED NEW JERSEY HOME IMPROVEMENT LAWYER
Disputes involving home renovations are commonplace today.   Don’t be another victim of contractor fraud or a contractor’s failure to honor promises to you.   Did your home improvement project turn into a nightmare?  Does your home improvement contract or home repair contract look like it doesn’t comply with the law?  Let an experienced New Jersey home improvement lawyer review your home improvement contract to see if it complies with the law and if not, to tell you what you can do about it.   Is your home renovation incomplete but your contractor is asking for the final payment?   Did your contractor fail to get permits for your home renovation?  Are you dissatisfied with the work that a home improvement contractor or home repair contractor performed at your business?  Did a home improvement contractor or home repair contractor charge you for work without first getting you to sign a contract or a change order?   Did you pay a home improvement contractor a deposit and they never returned to complete your home improvement job?  Let an experienced New Jersey home improvement lawyer review the facts of your dispute and give you sound advice on your options under the law.  Why guess about your legal rights when you can have an experienced New Jersey home improvement lawyer explain the law about home improvements and your rights.  Did a home improvement contractor get you to sign a fraudulent contract?   The contractor can’t dictate all the contents of a renovation contract.  Instead, a home improvement contract must contain certain mandatory disclosures about prices and the materials to be used in the home repair job.  Let an experienced New Jersey home improvement lawyer tell you about the legal requirements for home improvement contracts.   Did a home improvement contractor overcharge you for work at your home?  Did a home improvement contractor or bill you for materials or supplies that they never delivered to the job site?   The law requires mandatory disclosures about materials to be used during a home renovation project.   Did you receive substandard work from a contractor?  Did a contractor perform work that proved defective?  Did a home repair contractor perform work for you without giving you a warranty for the work or a guarantee for the work?  The law requires mandatory disclosures about warranties and guarantees in home improvement contracts.  Why settle for wondering what your rights are when a no obligation legal consultation is a phone call away?   Did a Home improvement contractor lie to you about their services?  Did a Home improvement contractor commit consumer fraud against you?   Let an experienced New Jersey home improvement lawyer help you with your contractor dispute.  Did a handyman fail to honor a warranty that they issued you?  Did a contractor charge you for defective work?    Is a handyman failing to return your calls about problems with their work or problems with their bill?    Did a home repair contractor improperly put a mechanic’s lien on your home?   Let an experienced New Jersey home improvement lawyer help you with your home renovation lawsuit or dispute.  Paul DePetris has handled many home repair fraud cases, prosecuting such lawsuits for homeowners.  Paul DePetris is also a published legal author on the subject.   Use the services of an experienced New Jersey home improvement lawyer to help you sort out your rights and to take the next step in your dispute.  


AN EXPERIENCED NEW JERSEY HOME IMPROVEMENT LAWYER FOR HANDLING NEW JERSEY CONSUMER LAWSUITS AND DISPUTES FOR BOTH INDIVIDUALS AND BUSINESSES
If you were a victim of home improvement fraud, don’t take chances with your case.   Consult with an experienced New Jersey home improvement lawyer.    Don’t try to resolve the dispute yourself or make the mistake of filing a pro se lawsuit in small claims court or special civil court.  Let an experienced New Jersey home improvement lawyer represent you or your business in your New Jersey consumer lawsuit.   Paul DePetris has represented consumers, home buyers, home sellers, home repair customers, home repair contractors, home inspectors, real estate brokers, real estate agents, junk yard dealers, automobile purchasers and owners, new and used car dealers, banks and automotive lenders, boat purchasers and owners, watercraft purchasers and owners and marinas in consumer fraud lawsuits and other consumer lawsuits and consumer disputes.  Mr. DePetris appeared in court in lawsuits involving consumer fraud lawsuits and other types of consumer lawsuits. As an experienced New Jersey home improvement lawyer, Mr. DePetris has mediated, arbitrated and tried consumer fraud lawsuits and other types of consumer lawsuits.  In addition to representing consumers in a variety of consumer lawsuits and defending businesses in a variety of consumer lawsuits, Paul DePetris provides consulting services to law firms handing consumer lawsuits and defending consumer lawsuits.  Paul DePetris has represented the following persons and businesses in New Jersey consumer lawsuits.  Mr. DePetris has also taught hundreds of lawyers and nonlawyers about consumer law in consumer fraud cases.  Mr. DePetris is also the author of the following publications about consumer fraud:  New Jersey Consumer Fraud Act & Forms (New Jersey Law Journal Books); Learned Professionals, Licensed Semiprofessionals and the Consumer Fraud Act:  The Origins of the Licensed Professionals’ Doctrine (New Jersey Lawyer, Oct. 2008); Liability For Consumer Fraud In Real Estate Transactions (New Jersey Law Journal, March 18, 2009).   Don’t give up your rights or take a chance in ruining your New Jersey home repair rip off case!  Let an experienced New Jersey home improvement lawyer help you understand your rights under the law.   
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