home improvement 1 Flashcards
Legislative Findings
The County Legislature finds and determines that the health, safety and general welfare of the consumer
BUSINESS
occupation, profession, trade, craft or any other calling for hire
COMMISSIONER or DIRECTOR
The Commissioner of the Department of Consumer Affairs
CONSUMER
An individual who buys or leases or agrees to buy or lease consumer goods or services or credit, including a co-guarantor or surety
CONSUMER GOODS, SERVICES, CREDIT AND DEBTS
are primarily for personal, household or family purposes
CONTRACT
An oral or written agreement contained in one or more documents for the performance of work and includes all labor, goods and services.
DECEPTIVE TRADE PRACTICES
false, falsely disparaging or misleading oral or written statement misleading consumers or the consuming public Deceptive trade practices include but are not limited to:
DEPARTMENT or OFFICE
The Department of Consumer Affairs
ENGAGES
The undertaking, offering to undertake, solicitation or agreement to perform a contract.
LICENSEE
A person permitted to engage in a business licensed pursuant to the provisions of the appropriate article of this chapter.
PERSON
an individual, partnership or other entity
TEMPORARY LICENSE
A license issued to a person for a period of time to perform work
UNCONSCIONABLE TRADE PRACTICE
Any act or practice which unfairly takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer
Exempt employees and operations
Employees of any federal, state or local government, or of a state or local authority, Employees of and on behalf of any gas or electric corporation, waterworks corporation or telegraph and telephone corporation, provided that such employees are performing the work on behalf of a gas or electric corporation, waterworks corporation or telegraph and telephone corporation
Person
natural person
Owner
homeowner, co-operative shareholder owner, or residential tenant, or any person who purchases a custom home as defined in this section.
Home improvement
repairing, remodeling, altering, converting, or modernizing of, or adding to, residential property
Home improvement” shall not include:
- the sale or construction of a new home
- the sale or installation of appliances, such as stoves, refrigerators, freezers, room air conditioners, dishwashers, clothes washers or dryers
- the sale or installation of decorative goods or services, such as draperies and carpets; or
- the performance of repairs, replacements, or other services pursuant to an express or implied warranty, or a maintenance agreement as defined in section three hundred ninety-five-a of this chapter.
Home improvement goods or services
goods and services which are bought in connection with home improvement.
Such home improvement goods and services include burglar alarms, texture coating, fencing, air conditioning, heating equipment, and any other goods which, at the time of sale or subsequently, are to be so affixed to real property by the home improvement contractor as to become a part of real property whether or not severable therefrom.
Home improvement contractor
person, firm or corporation which owns or operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement for a fee
Home improvement contract
agreement for the performance of home improvement, between a home improvement contractor and an owner
Custom home
a new single family residence to be constructed on premises owned of record by the purchaser at the time of contract,
Contract provisions
contract subject to the provisions by a writing and shall be signed by all the parties to the contract
