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.