Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Home Improvement Scams FAQS

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case!  The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


NEW JERSEY HOME IMPROVEMENT SCAMS FAQS
New Jersey homeowners are frequently victims of New Jersey home improvement scams.  Many New Jersey homeowners become the victims of New Jersey home repair scams.  There are many types of New Jersey home improvement scams.  Some New Jersey home improvement scams involve specific violations of New Jersey home improvement regulations or New Jersey home improvement laws, while others involve less obvious types of misconduct   For most New Jersey homeowners, a home is the greatest single investment and many   New Jersey homeowners hire New Jersey home improvement contractors to renovate or repair or improve the New Jersey homeowners’ home.  If you are about to enter into a New Jersey home improvement project, be aware of some of the more common scams before you sign that New Jersey home improvement contract.  If you were already a victim of a New Jersey home improvement scam, there are remedies available to you.


COMMON NEW JERSEY HOME IMPROVEMENT SCAMS
The following are reasons for taking special care when selecting and hiring your New Jersey home improvement contractor,  New Jersey home improvement seller or New Jersey home improvement sales representative:
Most New Jersey home improvement contracts and New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives violate New Jersey laws and regulations.  
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives ignore the New Jersey laws and regulations that they are required to follow when dealing with consumers.
It is very common for New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives to accept deposits, only to abandon a jobsite before the job is complete.  
The workmanship of many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives is substandard and/or violates municipal code requirements.
Some New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives live “hand to mouth,” so that they take deposits from you and use them to pay for projects other than yours and mislead you into believing they are using the money you give them to buy materials for your home or to pay for labor being performed on your home.
It is not uncommon for New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives to let their insurance coverage expire.
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives quote a customer one price, only to increase the bill at a later time, such as in the middle of the project.
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives overcharge for permits or promise but fail to secure permits for the work that they perform for New Jersey homeowners, thereby causing violations of municipal codes and/or New Jersey laws.
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives’ advertisements violate New Jersey laws or regulations.
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives don’t actually perform the work you hire them to do; instead, they hire subcontractors who may or may not be skilled in home improvement work.
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives fail to complete New Jersey home improvement contracts and New Jersey home repair contracts on time, leading to a house that is an unfinished nightmare!  Imagine being unable to use your kitchen, laundry room or bathrooms because of an incompetent New Jersey home improvement contractor or New Jersey home repair contractor!
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives fail to order materials so that the New Jersey home improvement project can’t be completed.
It is not uncommon for New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives to put a lien on your property for failure to pay their bills.
Failure to dispute a New Jersey home improvement contractor or New Jersey home repair contractor’s bill in timely fashion could result in your having to pay the New Jersey home improvement contractor or New Jersey home repair contractor’s bill as well as their attorney’s fees and court costs that they incur to collect it from you.
For most people, a home is the greatest single investment.  It is reckless to endanger your most important investment by hiring an incompetent New Jersey home improvement contractor or New Jersey home repair contractor. 


A NEW JERSEY HOME IMPROVEMENT SELLER’S MAKING MODEL HOME MISREPRESENTATIONS 
Under the New Jersey home improvement regulations, the New Jersey home improvement seller cannot misrepresent or falsely state to a prospective buyer that the buyer's residential or noncommercial property is to serve as a "model" or "advertising job", or use any other prospective buyer lure to mislead the New Jersey homeowner into believing that a price reduction or other compensation will be received by reason of such representations.


A NEW JERSEY HOME IMPROVEMENT SELLER’S MAKING PRODUCT AND MATERIAL MISREPRESENTATIONS
Under the New Jersey home improvement regulations, the New Jersey home improvement seller cannot misrepresent directly or by implication that products or materials to be used in the home improvement: 
i. Need no periodic repainting, finishing, maintenance or other service;
ii. Are of a specific or well-known brand name, or are produced by a specific manufacturer
or exclusively distributed by the seller;
iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics
or features;
iv. Perform certain functions or substitute for, or are equal in performance to, other products
or materials;
v. Meet or exceed municipal, state, federal, or other applicable standards or requirements;
vi. Are approved or recommended by any governmental agency, person, firm or organization,
or that they are the users of such products or materials;
vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;
viii. Are or will be custom-built or specially designed for the needs of the New Jersey homeowner; or
ix. May be serviced or repaired within the New Jersey homeowner's immediate trade area, or be maintained with replacement and repair parts which are readily available.


A NEW JERSEY HOME IMPROVEMENT SELLER’S ENGAGING IN BAIT SELLING
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot offer or represent specific products or materials as being for sale, where the purpose or
effect of the offer or representation is not to sell as represented but to bait or entice the
buyer into the purchase of other or higher priced substitute products or materials.


A NEW JERSEY HOME IMPROVEMENT SELLER’S MAKING DISPARAGING, DEGRADING OR OTHERWISE DISCOURAGING REMARKS ABOUT THE PURCHASE OF PRODUCTS OR MATERIALS OFFERED OR REPRESENTED BY THE SELLER AS BEING FOR SALE BY THE NEW JERSEY HOME IMPROVEMENT SELLER
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot disparage, degrade or otherwise discourage the purchase of products or materials offered
or represented by the seller as being for sale to induce the New Jersey homeowner to purchase
other or higher priced substitute products or materials.


A NEW JERSEY HOME IMPROVEMENT SELLER’S REFUSAL TO SHOW, DEMONSTRATE OR SELL PRODUCTS OR MATERIALS
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot refuse to show, demonstrate or sell products or materials as advertised, offered, or represented
as being for sale.


A NEW JERSEY HOME IMPROVEMENT SELLER’S MAKING A SUBSTITUTION OF PRODUCTS OR MATERIALS
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot substitute products or materials for those specified in the home improvement contract,
or otherwise represented or sold for use in the making of home improvements by sample,
illustration or model, without the knowledge or consent of the New Jersey homeowner.


A NEW JERSEY HOME IMPROVEMENT SELLER’S FAILURE TO HAVE PRODUCT MEET DEMANDS
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot Fail to have available a quantity of the advertised product sufficient to meet reasonably
anticipated demands or misrepresent that certain products or materials are unavailable or that there will be a long delay in their manufacture, delivery, service or installation in order to induce a
buyer to purchase other or higher priced substitute products or materials from the seller.


A NEW JERSEY HOME IMPROVEMENT SELLER’S DECEPTIVELY GAINING ENTRY INTO A HOME 
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot deceptively gain entry into the prospective buyer's home or onto the New Jersey homeowner's property under the guise of any governmental or public utility inspection, or otherwise misrepresent
that the seller has any official right, duty or authority to conduct an inspection.


A NEW JERSEY HOME IMPROVEMENT SELLER’S MISREPRESENTATIONS THAT OTHERS WILL ASSUME OBLIGATIONS UNDER THE NEW JERSEY HOME IMPROVEMENT CONTRACT
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot misrepresent that the seller is an employee, office or representative of a manufacturer,
importer or any other person, firm or organization, or a member of any trade association, or that such person, firm or organization will assume some obligation in fulfilling the terms of the New Jersey home improvement contract.


A NEW JERSEY HOME IMPROVEMENT SELLER’S MISREPRESENTATIONS AS TO STATUS AUTHORITY OR POSITION IN AN ORGANIZATION
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot misrepresent the status, authority or position of the sales representative in the organization
he represents.


A NEW JERSEY HOME IMPROVEMENT SELLER’S MISREPRESENTATIONS AS TO RELATIONSHIP TO PARTICULAR SELLER
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot misrepresent that the sales representative is an employee or representative of or works
exclusively for a particular seller.


A NEW JERSEY HOME IMPROVEMENT SELLER’S MISREPRESENTATIONS AS TO AFFILIATION WITH GOVERNMENT OR PUBLIC AGENCY
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot misrepresent that the seller is part of any governmental or public agency in any printed
or oral communication including but not limited to leaflets, tracts or other printed material,
or that any licensing denotes approval by the governmental agency.


A NEW JERSEY HOME IMPROVEMENT SELLER’S MISREPRESENTATIONS AS TO GIFT OFFERS
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot offer or advertise any gift, free item or bonus without fully disclosing the terms or conditions
of the offer, including expiration date of the offer and when the gift, free item or bonus will be given or
fail to comply with the terms of such offer.


A NEW JERSEY HOME IMPROVEMENT SELLER’S PRICE AND FINANCING MISREPRESENTATIONS
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot:
 i. Misrepresent to a prospective buyer that an introductory, confidential, close-out, going
out of business, factory, wholesale, or any other special price or discount is being given,
or that any other concession is made because of a market survey or test, use of materials
left over from another job, or any other reason; 
ii. Misrepresent that any person, firm or organization, whether or not connected with the
seller, is especially interested in seeing that the prospective buyer gets a bargain, special
price, discount or any other benefit or concession;
iii. Misrepresent or mislead the prospective buyer into believing that insurance or some
other form of protection will be furnished to relieve the New Jersey homeowner from obligations under the
contract if the New Jersey homeowner becomes ill, dies or is unable to make payments;
iv. Misrepresent or mislead the New Jersey homeowner into believing that no obligation will be incurred because of the signing of any document, or that the New Jersey homeowner will be relieved of some or all obligations under the New Jersey home improvement contract by the signing of any documents;
v. Request the New Jersey homeowner to sign a certificate of completion, or make final payment on the New Jersey home improvement contract before the home improvement is completed in accordance with the terms of the
contract;
vi. Misrepresent or fail to disclose that the offered or contract price does not include delivery
or installation, or that other requirements must be fulfilled by the New Jersey homeowner as a condition
to the performance of labor, services, or the furnishing of products or materials at
the offered or contract price;
vii. Mislead the prospective buyer into believing that the down payment or any other sum
constitutes the full amount the New Jersey homeowner will be obligated to pay;
viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing
charges, interest service charges, credit investigation costs, building or installation
permit fees, or other obligations, charges, cost or fees to be paid by the New Jersey homeowner;
ix. Advise or induce the New Jersey homeowner to inflate the value of the New Jersey homeowner's property or assets, or to misrepresent or falsify the New Jersey homeowner's true financial position in order to obtain credit; or x. Increase or falsify the New Jersey home improvement contract price, or induce the New Jersey homeowner by any means to misrepresent or falsify the New Jersey home improvement contract price or value of the home improvement for financing purposes or to obtain additional credit.


A NEW JERSEY HOME IMPROVEMENT SELLER’S NONPERFORMANCE OF CERTAIN OBLIGATIONS UNDER THE NEW JERSEY HOME IMPROVEMENT CONTRACT
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot: 
i. Deliver materials, begin work, or use any similar tactic to unduly pressure the New Jersey homeowner 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;
ii. Fail to begin or complete work on the date or within the time period specified in the
home improvement contract, or as otherwise represented, unless the delay is for reason
of labor stoppage; unavailability of supplies or materials, unavoidable casualties, or any
other cause beyond the seller's control. Any changes in the dates or time periods stated
in a written contract shall be agreed to in writing; or
iii. Fail to give timely written notice to the New Jersey homeowner of reasons beyond the seller's control for any delay in performance, and when the work will begin or be completed.


A NEW JERSEY HOME IMPROVEMENT SELLER’S DISPARAGEMENT OF COMPETITORS
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot: 
i. Misrepresent that the work of a competitor was performed by the seller;
ii. Misrepresent that the seller's products, materials or workmanship are equal to or better
than those of a competitor; or
iii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.
9. Sales representations:
i. Misrepresent or mislead the New Jersey homeowner into believing that a purchase will aid or help some
public, charitable, religious, welfare or veterans' organization, or misrepresent the extent
of such aid or assistance;
ii. Knowingly fail to make any material 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; or
iii. 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.


A NEW JERSEY HOME IMPROVEMENT SELLER’S OBLIGATIONS PERTAINING TO PERMITS
Under the New Jersey home improvement regulations, a New Jersey home improvement seller cannot: 
i. commence work until he is sure that all applicable state or local building and construction permits have been issued as required under state laws or local ordinances; or
ii. Where midpoint or final inspections are required under state laws or local ordinances,
copies of inspection certificates shall be furnished to the New Jersey homeowner by the seller when construction is completed and before final payment is due or the signing of a completion slip
is requested of the New Jersey homeowner.


A NEW JERSEY HOME IMPROVEMENT SELLER’S MANDATORY WARRANTY DISCLOSURES 
Under the New Jersey home improvement regulations, a New Jersey home improvement seller shall furnish the New Jersey homeowner a written copy of all guarantees or warranties made
with respect to labor services, products or materials furnished in connection with home
improvements. Such guarantees or warranties shall be specific, clear and definite and
shall include any exclusions or limitations as to their scope or duration. Copies of all
guarantees or warranties shall be furnished to the New Jersey homeowner at the time the seller presents
his bid as well as at the time of execution of the New Jersey home improvement contract, except that separate guarantees or warranties of the manufacturer of products or materials may be furnished at the
time such products or materials are installed.


REQUIREMENT THAT CERTAIN NEW JERSEY HOME IMPROVEMENT CONTRACTS BE IN WRITING
Under the New Jersey home improvement regulations, all home improvement contracts for a purchase price in excess of $500.00, and all changes in the terms and conditions thereof shall be in writing. Home improvement contracts which are required by this subsection to be in writing, and all changes in the terms and conditions thereof, shall be signed by all parties thereto, and shall clearly and accurately set forth in legible form and in understandable language all terms and conditions of the New Jersey home improvement contract, including, but not limited to, the following: 
i. The legal name and business address of the seller, including the legal name and business
address of the sales representative or agent who solicited or negotiated the New Jersey home improvement contract
for the seller;
ii. A description of the work to be done and the principal products and materials to be used
or installed in performance of the New Jersey home improvement 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 New Jersey homeowner has specified that certain types
of products are to be used, a description of such products or materials shall be clearly
set forth in the New Jersey home improvement contract;
iii. The total price or other consideration to be paid by the New Jersey homeowner, including all finance
charges. If the New Jersey home improvement contract is one for time and materials, the hourly rate for labor and all
other terms and conditions of the New Jersey home improvement contract affecting price shall be clearly stated;
 iv. The dates or time period on or within which the work is to begin and be completed by
the seller;
v. A description of any mortgage or security interest to be taken in connection with the financing
or sale of the home improvement; and
vi. A statement of any guarantee or warranty with respect to any products, materials, labor
or services made by the seller.


A NEW JERSEY HOME IMPROVEMENT SELLER’S MAKING MANDATORY DISCLOSURES AND OBLIGATIONS CONCERNING PRESERVATION OF BUYERS' CLAIMS AND DEFENSES
Under the New Jersey home improvement regulations, If a person other than the New Jersey home improvement seller is to act as the general contractor or assume responsibility for performance of the New Jersey home improvement contract, the name and address of such person shall be disclosed in the oral or written contract, except as otherwise agreed, and the New Jersey home improvement contract shall not be sold or assigned without the written consent of the New Jersey homeowner.  No New Jersey home improvement contract shall require or entail the execution of any note, unless such note shall have conspicuously printed thereon the disclosures required by either State law (N.J.S.A. 17:16C-64.2 (consumer note)) or Federal law (16 C.F.R. section 433.2) concerning the preservation of buyers' claims and defenses.
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