Home improvement fraud; offense
Sec. 12. (a) A home improvement supplier who enters into a home
improvement contract and knowingly:
(1) misrepresents a material fact relating to the terms of the
home improvement contract or the preexisting or existing
condition of any part of the property involved;
(2) creates or confirms a consumer's impression that is false and
that the home improvement supplier does not believe to be true;
(3) promises performance that the home improvement supplier
does not intend to perform or knows will not be performed;
(4) uses or employs any deception, false pretense, or false
promise to cause a consumer to enter into a home improvement
contract;
(5) enters into an unconscionable home improvement contract
with a home improvement contract price of four thousand
dollars ($4,000) or more; or
(6) fails to comply with the provisions of IC 23-15-1 relating to
the use of an assumed name in the conduct or transaction of
business in Indiana and misrepresents or conceals either the
home improvement supplier's real name, business name, or
business address;
commits home improvement fraud, a Class B misdemeanor, except
as provided in section 13(a) of this chapter.
(b) A home improvement supplier who, with the intent to enter
into a home improvement contract, knowingly:
(1) damages the property of a consumer;
(2) does work on the property of a consumer without the
consumer's prior authorization;
(3) misrepresents that the supplier or another person is an
employee or agent of the federal government, the state, a
political subdivision of the state, or any other governmental
agency or entity; or
(4) misrepresents that the supplier or another person is an
employee or agent of any public or private utility;
commits a Class A misdemeanor, except as provided in section 13(b)
of this chapter.
As added by P.L.251-1987, SEC.4.
Last modified: May 24, 2006