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 110.023 Substituting 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)(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)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)(d)(d) The seller must report any alterations documented pursuant to par. (c) to the buyer before final payment is accepted. ATCP 110.023 HistoryHistory: 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(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 HistoryHistory: 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(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 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 110.027(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)(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 HistoryHistory: CR 13-066: cr. Register March 2014 No. 699, eff. 6-1-14. 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 HistoryHistory: 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(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(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)(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 HistoryHistory: 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 110.05ATCP 110.05 Home 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 HistoryHistory: 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 110.06ATCP 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 NoteNote: 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 HistoryHistory: 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 110.07ATCP 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 110.027 (1), 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:
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Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
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