Rep. Joyce Mason

Filed: 3/13/2019





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2    AMENDMENT NO. ______. Amend House Bill 2643 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Home Repair and Remodeling Act is amended
5by changing Section 20 and adding Section 22 as follows:
6    (815 ILCS 513/20)
7    Sec. 20. Consumer rights brochure.
8    (a) For any contract over $1,000, any person engaging in
9the business of home repair and remodeling shall provide to its
10customers a copy of the "Home Repair: Know Your Consumer
11Rights" pamphlet prior to the execution of any home repair and
12remodeling contract. The consumer shall sign and date an
13acknowledgment form entitled "Consumer Rights Acknowledgment
14Form" that states: "I, the homeowner, have received from the
15contractor a copy of the pamphlet entitled 'Home Repair: Know
16Your Consumer Rights.'" The contractor or his or her



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1representative shall also sign and date the acknowledgment
2form, which includes the name and address of the home repair
3and remodeling business. The acknowledgment form shall be in
4duplicate and incorporated into the pamphlet. The original
5acknowledgment form shall be retained by the contractor and the
6duplicate copy shall be retained within the pamphlet by the
8    (b) For any contract for $1,000 or under, any person
9engaging in the business of home repair and remodeling shall
10provide to its customers a copy of the "Home Repair: Know Your
11Consumer Rights" pamphlet. No written acknowledgment of
12receipt of the pamphlet is required for a contract of $1,000 or
14    (c) The pamphlet must be a separate document, in at least
1512 point type, and in legible ink. The pamphlet shall read as

18    As you plan for your home repair/improvement project, it is
19important to ask the right questions in order to protect your
20investment. The tips in this fact sheet should allow you to
21protect yourself and minimize the possibility that a
22misunderstanding may occur.




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1Please use extreme caution when confronted with the following
2warning signs of a potential scam:
3    (1) Door-to-door salespersons with no local connections
4who offer to do home repair work for substantially less than
5the market price.
6    (2) Solicitations for repair work from a company that lists
7only a telephone number or a post-office box number to contact,
8particularly if it is an out-of-state company.
9    (3) Contractors who fail to provide customers references
10when requested.
11    (4) Persons offering to inspect your home for free. Do not
12admit anyone into your home unless he or she can present
13authentic identification establishing his or her business
14status. When in doubt, do not hesitate to call the worker's
15employer to verify his or her identity.
16    (5) Contractors demanding cash payment for a job or who ask
17you to make a check payable to a person other than the owner or
18company name.
19    (6) Offers from a contractor to drive you to the bank to
20withdraw funds to pay for the work.

22    (1) Get all estimates in writing.
23    (2) Do not be induced into signing a contract by



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1high-pressure sales tactics.
2    (3) Never sign a contract with blank spaces or one you do
3not fully understand. If you are taking out a loan to finance
4the work, do not sign the contract before your lender approves
5the loan.
6    (4) Remember, you have 3 business days (or 15 full business
7days if you are age 65 or older) from the time you sign your
8contract to cancel any contract if the sale is made at your
9home. The contractor cannot deprive you of this right by
10initiating work, selling your contract to a lender, or any
11other tactic.
12    (5) If the contractor does business under a name other than
13the contractor's real name, the business must either be
14incorporated or registered under the Assumed Business Name Act.
15Check with the Secretary of State to see if the business is
16incorporated or with the county clerk to see if the business
17has registered under the Assumed Business Name Act.
18    (6) Homeowners should check with local and county units of
19government to determine if permits or inspections are required.
20    (7) Determine whether the contractor will guarantee his or
21her work and products.
22    (8) Determine whether the contractor has the proper
24    (9) Do not sign a certificate of completion or make final
25payment until the work is done to your satisfaction.
26    (10) Before you pay your contractor, understand that the



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1Mechanics Lien Act requires that you shall request and the
2contractor shall give you a signed and notarized written
3statement (known as a "Sworn Statement") that lists all the
4persons or companies your contractor hired to work on your
5home, their addresses along with the amounts about to be paid,
6and the total amount owed after the payment to those persons or
8    Suppliers and subcontractors have a right to file a lien
9against your home if they do not get paid for their labor or
10materials. To protect yourself against liens, you should demand
11that your contractor provide you with a Sworn Statement before
12you pay the contractor. You should also obtain lien waivers
13from all contractors and subcontractors if appropriate. You
14should consult with an attorney to learn more about your rights
15and obligations under the Mechanics Lien Act.
16    Disclaimer: The contents of this paragraph are required to
17be placed in the pamphlet for consumer guidance and information
18only. The contents of this paragraph are not substantive
19enforceable provisions of the Home Repair and Remodeling Act
20and are not intended to affect the substantive law of the
21Mechanics Lien Act.

23    (1) Contractor's full name, address, and telephone number.
24Illinois law requires that persons selling home repair and



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1improvement services provide their customers with notice of any
2change to their business name or address that comes about prior
3to the agreed dates for beginning or completing the work.
4    (2) A description of the work to be performed.
5    (3) Starting and estimated completion dates.
6    (4) Total cost of work to be performed.
7    (5) Schedule and method of payment, including down payment,
8subsequent payments, and final payment.
9    (6) A provision stating the grounds for termination of the
10contract by either party. However, the homeowner must pay the
11contractor for work completed. If the contractor fails to
12commence or complete work within the contracted time period,
13the homeowner may cancel and may be entitled to a refund of any
14down payment or other payments made towards the work, upon
15written demand by certified mail.
16    (7) A provision stating the grounds for termination of the
17contract if you are notified by your insurer that all or any
18part of the claim or contract is not a covered loss under the
19insurance policy, you may cancel the contract by mailing or
20delivering written notice to (name of contractor) at (address
21of contractor's place of business) at any time prior to the
22earlier of midnight on the fifth business day after you have
23received such notice from your insurer or the thirtieth
24business day after receipt of a properly executed proof of loss
25by the insurer from the insured. If you cancel, any payments
26made by you under the contract will be returned to you within



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110 business days following receipt by the contractor of your
2cancellation notice. If, however, the contractor has provided
3any goods or services related to a catastrophe, acknowledged
4and agreed to by the insured homeowner in writing to be
5necessary to prevent damage to the premises, the contractor is
6entitled to the reasonable value of such goods and services.
7    Homeowners should obtain a copy of the signed contract and
8keep it in a safe place for reference as needed.
9    To file a complaint against a roofing contractor, contact
10the Illinois Department of Financial and Professional
11Regulation at 312-814-6910 or file a complaint directly on its
14    If you think you have been defrauded by a contractor or
15have any questions, please bring it to the attention of your
16State's Attorney or the Illinois Attorney General's Office.
17Attorney General Toll-Free Numbers
18Carbondale         (800) 243-0607
19Springfield        (800) 243-0618
20Chicago            (800) 386-5438".
21(Source: P.A. 100-670, eff. 1-1-19.)
22    (815 ILCS 513/22 new)
23    Sec. 22. Senior citizen; right of cancellation. A person
24age 65 or older who purchases home repair or remodeling



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1services may cancel any contract with a person engaged in home
2repair or remodeling by notifying that person within 15 full
3business days following the day on which the contract was
4signed if the agreement for the home repair or remodeling was
5made at the home of the purchaser.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".