Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 110.07 - Contract cancellation; return of payments
(1) CONDITIONS
WARRANTING EXERCISE OF BUYER'S REMEDIES. If, under a home improvement contract,
a buyer pays a seller for any home improvement materials or services before the
seller provides those materials or services to the buyer, the buyer may proceed
under sub. (2) if any of the following occurs:
(a) The seller fails to provide the materials
or services by a deadline specified in the home improvement contract.
(b) The seller fails to give buyer notice of
an impending delay as required under s. ATCP 110.027 (1), or fails to obtain
the buyer's agreement to a new performance deadline.
(c) The buyer believes that the seller has
failed to provide the materials or services in a timely manner, and the home
improvement contract specifies no deadline for the seller to provide the
materials or services.
(2) BUYER'S REMEDIES. If the conditions under
sub. (1) are met, the buyer may do all of the following:
(a) Cancel the contract.
(b) Demand return of all payments which the
seller has not yet expended on the home improvement.
(c) If the seller has used any of the buyer's
payments to purchase materials for the home improvement, demand delivery to the
home improvement site of those materials which have not yet been used for the
home improvement or delivered to the site.
(d) Demand a written accounting for all
payments that the buyer made to the seller. The written accounting shall detail
how all payments were used by the seller.
(3) BUYER'S EXERCISE OF REMEDIES; PROCEDURE.
In order to exercise any remedy under sub. (2), the buyer shall deliver written
notice to the seller, or to the seller's officer, director, or agent. Notice
shall be delivered in person, by certified mail to the seller's last known
address, or by regular mail with evidence of mailing to the seller's last known
address. If notice is mailed to the seller, the date on which the post office
receives the notice for delivery is considered the date of service for purposes
of sub. (4). Compliance with this subsection is not a prerequisite to the
buyer's exercise of other remedies other than those specified under sub.
(2).
(4) COMPLIANCE BY SELLER.
(a) If the buyer demands the return of
payments to which the buyer is entitled under sub. (2) (b), the seller shall
return those payments to the buyer within 15 calendar days after the buyer's
demand is served on the seller under sub. (3).
(b) If the buyer demands delivery of
materials to which the buyer is entitled under sub. (2) (c), the seller shall
deliver those materials to the home improvement site within 15 calendar days
after the buyer's demand is served on the seller under sub. (3), or within 5
calendar days after the seller receives the materials from the seller's
supplier, whichever occurs later.
(c) If the buyer demands an accounting to
which the buyer is entitled under sub. (2) (d), the seller shall provide the
buyer with the written accounting within 30 calendar days after the buyer's
demand is served on the seller under sub. (3).
(5) REMEDIES NOT EXCLUSIVE. A buyer's
remedies under this section are in addition to any other legal remedies
available to the buyer. They are not a prerequisite to the exercise of any
other remedies, nor do they limit any other remedies.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.