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IL SB0769

Bill

Status

Engrossed

5/6/2021

Primary Sponsor

Don Harmon

Click for details

Origin

Senate

102nd General Assembly

AI Summary

  • Amends the Home Repair Fraud Act to add a new offense when a contractor knowingly promises performance that will not be completed at any time during the service.

  • Establishes rebuttable presumption of fraudulent intent when a contractor fails to perform or substantially perform a home repair contract and refuses to return payments after receiving a written demand for completion within 10 days.

  • Defines unconscionable contracts as those requiring at least $4,000 in payment where an unreasonable difference exists between the value of services and materials performed versus the amount charged, with prima facie evidence when total payment exceeds four times fair market value.

  • Creates seven factors that can establish fraudulent intent when a contractor fails to perform, including failing to acknowledge written demands, not notifying customers of business address changes, making false excuses, using deception for contract modifications, and failing to comply with building codes and regulations.

  • Specifies that substantial performance does not include work of little or no value or work failing to comply with municipal, county, state, or federal regulations or codes.

Legislative Description

HOME REPAIR FRAUD-PROMISES

Last Action

Chief Sponsor Changed to Sen. Don Harmon

6/15/2022

Committee Referrals

Rules6/2/2021
Judiciary - Criminal5/13/2021
Rules5/11/2021
Criminal Law4/27/2021
Assignments4/23/2021
Executive3/17/2021
Assignments2/25/2021

Full Bill Text

No bill text available