| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY MAHER, MARCH 29, 2010 |
| |
| |
| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 29, 2010 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of October 17, 2008 (P.L.1645, No.132), |
2 | entitled "An act providing for the regulation of home |
3 | improvement contracts and for the registration of certain |
4 | contractors; prohibiting certain acts; and providing for |
5 | penalties," further providing for home improvement contracts. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 7(e) of the act of October 17, 2008 |
9 | (P.L.1645, No.132), known as the Home Improvement Consumer |
10 | Protection Act, is amended to read: |
11 | Section 7. Home improvement contracts. |
12 | * * * |
13 | (e) Voidable clauses.--If a home improvement contract |
14 | contains any of the following clauses, [the home improvement |
15 | contract shall be voidable by] the clause shall be void and |
16 | unenforceable against the owner, except that the clause |
17 | described in paragraph (11) shall be enforceable if the |
18 | conditions specified in paragraph (11)(i), (ii) and (iii) are |
19 | met: |
20 | (1) A hold harmless clause. |
|
1 | (2) A waiver of Federal, State or local health, life, |
2 | safety or building code requirements. |
3 | (3) A confession of judgment clause. |
4 | (4) A waiver of any right to a jury trial in any action |
5 | brought by or against the owner. |
6 | (5) (Reserved). |
7 | (6) An assignment of or order for payment of wages or |
8 | other compensation for services. |
9 | (7) A provision by which the owner agrees not to assert |
10 | any claim or defense arising out of the contract. |
11 | (8) A provision that the contractor shall be awarded |
12 | attorney fees and costs. |
13 | (9) A clause by which the owner relieves the contractor |
14 | from liability for acts committed by the contractor or the |
15 | contractor's agents in the collection of any payments or in |
16 | the repossession of any goods. |
17 | (10) A waiver of any rights provided under this act. |
18 | (11) A provision providing for the automatic or |
19 | recurring renewal of any provisions of the agreement, unless: |
20 | (i) the contract establishes a procedure by which |
21 | the owner can choose not to renew the provision or |
22 | provisions, thereby avoiding any new fees or charges, by |
23 | providing written notice to the contractor via first |
24 | class mail postmarked no later than three business days |
25 | prior to any renewal; |
26 | (ii) such procedure is clearly and conspicuously |
27 | disclosed in the agreement; and |
28 | (iii) the contract includes a provision requiring |
29 | the contractor to notify the owner of any automatic or |
30 | recurring renewal, and the owner's option to cancel such |
|
1 | renewal, by mail, not earlier than 20 days and not later |
2 | than ten days prior to the date of any such renewal. |
3 | * * * |
4 | Section 2. This act shall take effect in 60 days. |
|