ATCP 110.02(6)(m)(m) Where partial payments are required at various stages in the performance of the contract, and the buyer requests lien waivers under s. ATCP 110.025 (2), fail to give or furnish to the buyer 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 partial payment is made.
ATCP 110.02(6)(n)(n) Fail to provide notice to a buyer as required under s. ATCP 110.025 (1), before the buyer enters into a home improvement contract, that the buyer is entitled to receive written lien waivers.
ATCP 110.02(6)(o)(o) Misrepresent that the seller is the only person who can provide financing for the home improvement contract.
ATCP 110.02(7)(7)Performance.
ATCP 110.02(7)(a)(a) Deliver materials, begin work, or use any other tactic to pressure the buyer into a home improvement contract, or make any claim or assertion that a binding contract has been agreed upon where no final agreement or understanding exists.
ATCP 110.02(7)(b)(b) Solicit or accept any payment for home improvement materials or services which the seller does not intend to provide according to the terms of the home improvement contract, or which the seller has reason to believe will not be provided according to the terms of the contract.
ATCP 110.02(8)(8)Interference with competitors.
ATCP 110.02(8)(a)(a) Make false derogatory statements concerning any competitor, the competitor’s equipment, products or materials, workmanship, performance, reputation or responsibility, or attempt to or induce the breach of any existing home improvement contract between a prospective buyer and a competitor, or interfere with or obstruct the performance of any home improvement contract by a competitor.
ATCP 110.02(8)(b)(b) Misrepresent that the work of a competitor was performed by the seller.
ATCP 110.02(8)(c)(c) Misrepresent that the seller’s products, materials, or workmanship are equal to or better than those of a competitor.
ATCP 110.02(8)(d)(d) Use or imitate the trade-marks, trade names, labels, or other distinctive marks of a competitor.
ATCP 110.02(9)(9)Sales representations.
ATCP 110.02(9)(a)(a) Misrepresent or mislead the buyer into believing that a purchase will aid or help some public, charitable, religious, welfare, or veteran’s organization, or any other person, group, or organization, or misrepresent the extent of such aid or assistance.
ATCP 110.02(9)(b)(b) Fail to make any statement of fact, qualification, or explanation if the omission of such statement, qualification, or explanation causes an advertisement, announcement, statement, or representation to be false, deceptive, or misleading.
ATCP 110.02(9)(c)(c) Misrepresent that the customer’s present equipment, material, product, home, or a part thereof, is dangerous or defective, or in need of repair or replacement.
ATCP 110.02(10)(10)Misappropriation of buyer’s prepayments. Use any home improvement contract payment, received from a buyer prior to the completion of a home improvement, for any purpose other than to provide materials or services for the home improvement.
ATCP 110.02(11)(11)Misrepresentations; general. Make any false, deceptive, or misleading representation in order to induce any person to enter into a home improvement contract, to obtain or keep any payment under a home improvement contract, or to delay performance under a home improvement contract.
ATCP 110.02 HistoryHistory: Cr. Register, May, 1974, No. 221, eff. 6-1-74; am. (7) (b) and cr. (9) (c), Register, March, 1976, No. 243, eff. 4-1-76; corrections in (6) made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448; cr. (4) (d), (6) (n) and (o), (10) and (11), am. (3) (d), (6) (g) and (h) and (7) (c), r. and recr. (7) (b), Register, September, No 453, eff. 10-1-93; CR 01-028: am. (3) (d) and (7) (c), Register September 2001 No. 549, eff. 10-1-01; CR 13-066: r. (3) (d), am. (6) (L) to (n), r. (7) (c) Register March 2014 No. 699, eff. 6-1-14.
ATCP 110.023ATCP 110.023Substituting products or materials; altering the written contract.
ATCP 110.023(1)(1)No seller may substitute products or materials for those specified in the home improvement contract, or for those which the seller represented would be used in the home improvement, without the prior consent of the buyer. Except as provided in sub. (2), if a written home improvement contract is required under s. ATCP 110.05 (1) or the buyer signs a written contract, the buyer’s consent under this paragraph shall also be in writing.
ATCP 110.023 NoteNote: 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 110.023(2)(2)Verbal authorization. The seller may act on alterations to the contract that are verbally authorized by the buyer, if all the following conditions are met:
ATCP 110.023(2)(a)(a) The alteration does not represent any additional cost to the buyer.
ATCP 110.023(2)(b)(b) The alteration does not represent a decrease in the value of the materials used or the services provided.
ATCP 110.023(2)(c)(c) The seller maintains documentation of the following:
ATCP 110.023(2)(c)1.1. The manner in which the buyer communicated the authorization for the alteration. In this subdivision, “manner” means face-to-face discussion, phone call, or some other method of communicating.
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.