Home -> Law Blog Directory -> Indiana Blogs -> Indiana Civil & Business Lawyer

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Indiana

: Indiana Civil & Business Lawyer

Indiana Home Improvement Fraud: Give Notice or Hope to Prove Actual Fraud

ADVERTISEMENTS

The Court of Appeals makes clear that under Indiana's home improvement fraud statute the homeowner can lose their case even before they know they have a case. Pay close attention to this from Hayes v. Chapman (PDF format):

HICA explicitly provides that a supplier?s failure to provide a written contract is a deceptive act and brings that deceptive act under the purview of the remedies and penalties of Indiana Code chapter 24-5-0.5. I.C. § 24-5-11-14. But to establish entitlement to those remedies, the consumer must show that the deceptive act was either uncured?meaning that notice was given and the deceptive act was not cured?or incurable?meaning that the supplier acted with an intent to defraud or mislead the consumer. I.C. § 24-5-0.5-4(a).

This means if the contract is defective and the homeowner does not give the proper notice, then the homeowner has no case against the contractor.

I worry that the statute creates a laxness for contractors who may face an unnecessary lawsuit.

Contractors need to get to their lawyers for a contract that complies with the HICA and homeowners need to a lawyer to review their home improvement contracts.

Full post as published by Indiana Civil & Business Lawyer on October 20, 2008 (boomark / email).