The Herald, Sharon, PA Published Thursday, November 14, 2002


Law offers protection from shady contractors

By Michael Roknick
Herald Business Editor

As contractors and other repair businesses descend on the sections of Clark and South Pymatuning Township hammered by Sunday's tornado, homeowners may have legal recourse if their repair bills are exorbitantly high.

Under Pennsylvania's Unfair Trade Practice and Consumer Protection law, a consumer has the right to void a $25-or-more written agreement with a contractor up to three business days after signing it. However, the law kicks in only if the contractor initiated the contact by going door to door or telemarketing. It does not apply if the consumer initiated the contact, said John C. Reed, president of the Mercer County Bar Association.

"A person who is contracting with them has to provide them with a notice of cancellation -- they have the right to rescind the contract within three days,'' said Reed, a Sharon lawyer. "That notice must be in writing, and the notice of the property owner canceling the contract must be in writing and mailed within three business days."

For consumers, the three-day clock begins ticking when they are notified by the contractor of their right to cancel the deal.

In a situation where a consumer isn't given a three-day notice by a contractor, the consumer may sue the business for violating the law, Reed said. The amount a consumer can collect is the actual damages or $100, whichever is greater.

Actual damages are figured on the difference between the amount of the contract and what a homeowner would have paid with another business. For example, if the contract had a price tag of $1,000 and a consumer could have had the job done by someone else for $600, the actual damages would be $400.

The law also gives the court extra muscle in such cases.

"A court can triple the damages and provide additional relief that it thinks is necessary, which could include attorney fees,'' Reed said. "In addition, the attorney general or the district attorney can get involved and seek an injunction or ask the court to make restitution.''

In a case where a contractor provided the three-day cancellation notice and a consumer didn't void the contract during that time, there's some wiggle room in the state law to go after unscrupulous contractors, said Barbara Petito, deputy press secretary for the state attorney general's office.

"Under the consumer protection law, if the work done by the contractor was shoddy or if it wasn't completed or if deceptive or misleading business practices were used, we can go to court,'' Ms. Petito said.

Unlike Ohio, Pennsylvania doesn't have an anti-gouging law that prevents businesses from jacking up prices in times of emergency. Senate Bill 1339 is working its way through the Legislature. It seeks to create Pennsylvania's first anti-gouging law.

However, under the state's common law there's something known as an unconscionable clause.

"This is where we would argue that the price being charged is so high it shocks the conscience -- that the price of work is so grossly inflated in an attempt to gouge the consumer resulting from a natural disaster.'' Ms. Petito said.

Whenever emergencies arise, such as floods, tornadoes and hurricanes, homeowners often get overwhelmed by emotions in trying to restore their homes and are easy prey, she added.

"Unfortunately, consumers are so transfixed and rush into decisions,'' Ms. Petito said. "It's the first bit of relief they get in a disaster, and some of the contractors know that.''



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