ATCP 110.05(5)
(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.
ATCP 110.05(6)
(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.
ATCP 110.05(7)
(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 and in no event more than $100.
ATCP 110.05(8)
(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.
ATCP 110.05 History
History: Cr.
Register, May, 1974, No. 221, eff. 6-1-74; am. (2) (intro.), (3) and (6), r. (9),
Register, September, 1993, no. 453, eff. 10-1-93;
CR 01-028: am. (2) (intro.),
Register September 2001 No. 549, eff. 10-1-01.
ATCP 110.06
ATCP 110.06 Preservation of buyer's claims and defenses. ATCP 110.06(1)(1) Every assignee of a home improvement contract takes subject to all claims and defenses of the buyer or successors in interest.
ATCP 110.06(2)
(2) No seller shall enter into any home improvement contract wherein the buyer waives the right to assert against the seller or any assignee any claim or defense the buyer may have against the seller under the contract.
ATCP 110.06(3)
(3) No seller shall use any promissory note or instrument, other than a check, in connection to a home improvement contract unless it bears the following statement in contrasting bold-face type: "This is a home improvement instrument and is non-negotiable. Every holder takes subject to claims and defenses of the maker or obligor."
ATCP 110.06(4)
(4) Every holder or transferee of a negotiable instrument executed in violation of this section, who knew or should have known at the time the document was acquired that it was made to evidence an obligation for home improvements, or who knew or should have known that the payee or transferor was engaged in the home improvement business, takes subject to all claims and defenses of the maker or obligor.
ATCP 110.06(5)
(5) Claims and defenses of any buyer against an assignee or transferee under the contract shall be limited to the total amount for which the buyer was obligated at the time of entering into the contract.
ATCP 110.06 History
History: Cr.
Register, May, 1974, No. 221, eff. 6-1-74; correction in (1) made under s. 13.93 (2m) (b) 5., Stats.,
Register, April, 1993, No. 448.
ATCP 110.07
ATCP 110.07
Contract cancellation; return of payments. ATCP 110.07(1)(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:
ATCP 110.07(1)(a)
(a) The seller fails to provide the materials or services by a deadline specified in the home improvement contract.
ATCP 110.07(1)(b)
(b) The seller fails to give buyer notice of an impending delay as required under
s. ATCP 110.02 (7) (c), or fails to obtain the buyer's agreement to a new performance deadline.
ATCP 110.07(1)(c)
(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.
ATCP 110.07(2)
(2) Buyer's remedies. If the conditions under
sub. (1) are met, the buyer may do all of the following:
ATCP 110.07(2)(b)
(b) Demand return of all payments which the seller has not yet expended on the home improvement.
ATCP 110.07(2)(c)
(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.
ATCP 110.07(2)(d)
(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.
ATCP 110.07(3)
(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).
ATCP 110.07(4)(a)(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).
ATCP 110.07(4)(b)
(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.
ATCP 110.07(4)(c)
(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).
ATCP 110.07(5)
(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.
ATCP 110.07 History
History: Cr.
Register, September, 1993, No. 453, eff. 10-1-93.
ATCP 110.08
ATCP 110.08
Contract compliance. A home improvement contract which constitutes a "consumer approval transaction" as defined in s.
423.201, Stats., shall comply with
ch. 423, Stats.
ATCP 110.08 History
History: Cr.
Register, September, 1993, No. 453, eff. 10-1-93.
