Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 110.05 - Home improvement contract requirements
(1) The following
home improvement contracts and all changes in the terms and conditions thereof,
shall be in writing:
(a) Contracts requiring
any payment of money or other consideration by the buyer prior to completion of
the seller's obligation under the contract.
(b) Contracts which are initiated by the
seller through face-to-face solicitation away from the regular place of
business of the seller, mail or telephone solicitation away from the regular
place of business of the seller, mail or telephone solicitation, or handbills
or circulars delivered or left at places of residence.
(2) If sub. (1) requires a written home
improvement contract or the buyer signs a written contract, the written
contract shall be signed by all parties and shall clearly, accurately and
legibly set forth all material terms and conditions of the contract, including:
(a) The name and address of the seller,
including the name and address of the sales representative or agent who
solicited or negotiated the contract for the seller.
(b) 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 or materials are to be used, a
description of such products or materials shall be clearly set forth in the
contract.
(c) 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.
(d) The dates or time
period on or within which the work is to begin and be completed by the
seller.
(e) A description of any
mortgage or security interest to be taken in connection with the financing or
sale of the home improvement.
(f) A
statement of any guarantee or warranty with respect to any products, materials,
labor, or services made by the seller or which are required to be furnished to
the buyer under s.
ATCP
110.04(1).
(g) A description or identification of any
other document which is to be incorporated in or form part of the
contract.
(3) Before the
seller begins work or receives any payment under a written home improvement
contract, the seller shall provide the buyer with a copy of the
contract.
(4) Where a
representation is made that insurance or some other form of protection will be
provided, the contract shall clearly state the terms, conditions, and
limitations thereof, as well as the name and address of the insurer or the
person who is furnishing such protection, if different from the seller. A copy
of the insuring or protection agreement, declarations page, or some other
document that shows evidence of insurance or other protection shall be
furnished to the buyer before final payment is due under the
contract.
(5) 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.
(6) Before a buyer enters
into a written home improvement contract prepared or offered by the seller, the
seller shall determine if the buyer is able to read and understand the
contract. If the buyer is blind or unable to read the contract, the written
contract shall be read and explained to the buyer by a third party designated
by the buyer and having no connection with the seller. If a language other than
English is primarily used in contract negotiations, the written contract shall
be both in English and in the language used to negotiate the
contract.
(7) Liquidated damages
for breach of contract by the buyer if made a part of the contract shall not
exceed 10% of the contract price.
(8) If the buyer is required to sign a note,
the amount and terms of the note shall correspond exactly with those stated in
the oral or written contract.
Notes
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