ATCP 110.023(2)(c)2. 2. The name of the buyer who authorized the alteration.
ATCP 110.023(2)(c)3. 3. The date and time that the buyer authorized the alteration.
ATCP 110.023(2)(c)4. 4. A description of the alteration.
ATCP 110.023(2)(d) (d) The seller must report any alterations documented pursuant to par. (c) to the buyer before final payment is accepted.
ATCP 110.023 History History: CR 13-066: cr. Register March 2014 No. 699, eff. 6-1-14; corrections in (2) (c) 1. and (d) made under s. 13.92 (4) (b) 7., Stats., correction in (1) made under s. 35.17, Stats., Register March 2014 No. 699.
ATCP 110.025 ATCP 110.025Lien waivers.
ATCP 110.025(1) (1) A seller shall provide notice to buyer that buyer may request written lien waivers from all contractors, subcontractors, and material suppliers at, or prior to, the time any payment is made on the home improvement contract. Notice shall be provided before the buyer and seller enter into a home improvement contract. The notice shall meet the following requirements:
ATCP 110.025(1)(a) (a) The notice shall be in writing and consist of the following, verbatim statement:
Notice of Consumer's Right to Receive Lien Waivers
If a consumer requests lien waivers, a seller of home improvement services must provide lien waivers from all contractors, subcontractors, and material suppliers. This Wisconsin law protects consumers from having liens filed against their property. Lien waivers prevent the filing of a lien on your home in the event that a contractor does not pay suppliers or subcontractors.
For more information about home improvement law, contact the Wisconsin Consumer Protection Bureau at 1-800-422-7128 or www.datcp.wi.gov.
ATCP 110.025(1)(b) (b) The notice shall be provided as a separate document, written in a clear and conspicuous font, in a format that the buyer can retain.
ATCP 110.025(1)(c) (c) The seller shall retain evidence of the buyer's acknowledgement of receipt of the notice.
ATCP 110.025(2) (2) Upon request from the buyer, the seller shall provide the buyer with lien waivers in writing from all contractors, subcontractors, and material suppliers for the proportionate value of all labor, services, and products or materials furnished or delivered as of the time payment is made. Unless the buyer specifies that the lien waiver request applies only to the final payment, the seller shall provide lien waivers at the time any partial payments are made.
ATCP 110.025 History History: CR 13-066: cr. Register March 2014 No. 699, eff. 6-1-14; correction in (1) (intro.) made under s. 35.17, Stats., Register March 2014 No. 699.
ATCP 110.027 ATCP 110.027Delay in contract performance.
ATCP 110.027(1) (1) A seller must give the buyer timely notice of any impending delay in the home improvement contract performance if performance will be delayed beyond a deadline specified in the home improvement contract. The notice shall specify any reasons for the delay and shall specify new proposed deadlines by which the seller will begin and complete the work. If a written home improvement contract is required under s. ATCP 110.05 (1) or the buyer signs a written contract, no change in performance deadlines is effective unless the buyer agrees in writing to the change.
ATCP 110.027 Note Note: According to s. 137.15 (3), Stats., “If a law requires a record to be in writing, an electronic record satisfies that requirement in that law."
ATCP 110.027(2) (2) Notwithstanding sub. (1), a seller shall not be responsible for delays in contract performance if the seller can demonstrate any of the following:
ATCP 110.027(2)(a) (a) The delay was caused by actions or inactions of the buyer.
ATCP 110.027(2)(b) (b) The delay was caused by a destructive act of nature such as tornado, flood, or fire.
ATCP 110.027(2)(c) (c) The delay was caused by disruptive civil disorder such as a strike, hostile action, or war.
ATCP 110.027 History History: CR 13-066: cr. Register March 2014 No. 699, eff. 6-1-14.
ATCP 110.03 ATCP 110.03Building permits.
ATCP 110.03(1) (1) Before a buyer enters into a home improvement contract, the seller shall inform the buyer of all building or construction permits that are required for the home improvement. Except as provided in sub. (4), no seller may start work under a home improvement contract until all required state and local permits have been issued.
ATCP 110.03(2) (2) Where midpoint or final inspections are required under state laws or local ordinances, copies of inspection certificates shall be furnished to the buyer when construction is completed and before final payment is due or the signing of a completion slip is requested of the buyer.
ATCP 110.03(3) (3) Pursuant to sub. (2), if the state or local inspector who completed the inspection does not issue an inspection document, the seller may provide a summary of the inspection to the buyer. The summary shall include the inspector's name, the date of the inspection, and inspection number or some other way to identify the inspection in the state or local building inspection database.
ATCP 110.03(4) (4) Notwithstanding sub. (1), if the home improvement contract includes subprojects, no seller may start work on any subproject of a home improvement contract that requires state or local permits until all permits required for that subproject have been issued.
ATCP 110.03 History History: Cr. Register, May, 1974, No. 221, eff. 6-1-74; am. (1), Register, September, 1993, No. 453, eff. 10-1-93; CR 13-066: am. (1), cr. (3), (4) Register March 2014 No. 699, eff. 6-1-14.
ATCP 110.04 ATCP 110.04Warranties.
ATCP 110.04(1) (1) A seller shall give a buyer a copy of every written warranty made with respect to labor, services, products, or materials furnished in connection with a home improvement. If a seller makes any oral warranty, the seller shall document that warranty in writing and give a copy to the buyer. The seller shall provide all warranty documents to the buyer at the time the buyer enters into a home improvement contract, except that a manufacturer's product warranty may be provided at any of the following times:
ATCP 110.04(1)(a) (a) At the time the buyer enters into a home improvement contract.
ATCP 110.04(1)(b) (b) At the time the product is installed.
ATCP 110.04(1)(c) (c) At the conclusion of the project, if specified in the contract.
ATCP 110.04(2) (2) If a seller warrants any labor, service, product, or material furnished in connection with a home improvement, the warranty shall be clear and specific and shall clearly specify all of the following:
ATCP 110.04(2)(a) (a) Any warranty conditions or exclusions.
ATCP 110.04(2)(b) (b) Any limitations on the scope or duration of the warranty.
ATCP 110.04(2)(c) (c) The time period within which the seller will perform the seller's warranty obligations after the buyer makes a valid warranty claim.
ATCP 110.04(3) (3) No seller may give any warranty which the seller does not intend to honor in full, or which the seller has reason to believe will not be honored in full.
ATCP 110.04 History History: Cr. Register, May, 1974, No. 221, eff. 6-1-74; r. and recr. Register, September, 1993, No. 453, eff. 10-1-93; CR 13-066: renum. (1) to (1) (intro.), cr. (a) to (c) Register March 2014 No. 699, eff. 6-1-14.
ATCP 110.05 ATCP 110.05Home improvement contract requirements.
ATCP 110.05(1)(1) The following home improvement contracts and all changes in the terms and conditions thereof, shall be in writing:
ATCP 110.05(1)(a) (a) Contracts requiring any payment of money or other consideration by the buyer prior to completion of the seller's obligation under the contract.
ATCP 110.05(1)(b) (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.
ATCP 110.05(2) (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:
ATCP 110.05(2)(a) (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.
ATCP 110.05(2)(b) (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.
ATCP 110.05(2)(c) (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.
ATCP 110.05(2)(d) (d) The dates or time period on or within which the work is to begin and be completed by the seller.
ATCP 110.05(2)(e) (e) A description of any mortgage or security interest to be taken in connection with the financing or sale of the home improvement.
ATCP 110.05(2)(f) (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).
ATCP 110.05(2)(g) (g) A description or identification of any other document which is to be incorporated in or form part of the contract.
ATCP 110.05(3) (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.
ATCP 110.05(4) (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.
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.
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; CR 13-066: am. (4), (7) Register March 2014 No. 699, eff. 6-1-14.
ATCP 110.06 ATCP 110.06Preservation 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 Note Note: Under this section, where the seller assigns the debt to a finance company before completing the contract and then fails to complete the contract, the finance company is subject to the same claims and defenses the buyer has against the contractor.
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 110.07Contract 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 Note Note: Section ATCP 110.02 (7) (c) specified that it was a prohibited unfair trade practice for a seller to fail to give the buyer timely notice of any impending delay in contract performance, if performance will be delayed beyond the deadline specified in the contract. Effective May 1, 2014, s. ATCP 110.02 (7) (c) is repealed and s. ATCP 110.027 (1) is created. Section ATCP 110.027 (1) requires sellers to give buyers timely notice of any impending delay in the home improvement contract performance if performance will be delayed beyond a specified 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)(a) (a) Cancel the contract.
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) (4)Compliance by seller.
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 110.08Contract 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.
ATCP 110.09 ATCP 110.09Basement waterproofing practices.
ATCP 110.09(1)(1)Declaration of policy. Basement water problems and particularly those arising from poor drainage or high water tables are often difficult to correct without a thorough analysis of causative factors and the performance of extensive and costly waterproofing services. The effectiveness of such services, unlike many other services, cannot readily be determined until heavy rains or other conditions responsible for basement water problems occur. In the performance of basement waterproofing services certain methods or processes have been used at substantial cost to the consumer which are ineffective, inadequate, or unsuitable for the correction of basement water problems. Guarantees, if given, may often be vague, ambiguous, or unenforceable against the seller, or otherwise made without reasonable expectancy of performance on the part of the seller to the detriment of the buyer. These and other abuses in the sale of basement waterproofing services are contrary to the public interest and are unfair trade practices and unfair methods of competition prohibited under s. 100.20, Stats.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.