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MO SB727

Bill

Status

Introduced

1/6/2010

Primary Sponsor

Joan Bray

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Creates the "Unfair Home Improvement Loans Act" (Section 407.724) prohibiting lenders from extending mortgage credit without regard to repayment ability, requiring payment through consumer-payable instruments or escrow, and mandating Truth in Lending Act notices on certain mortgages; violations are Class A misdemeanors with restitution required.

  • Establishes statutory warranties for new dwelling sales: 3-year warranty against faulty workmanship and materials, 5-year warranty for plumbing/electrical/heating/cooling systems, and 10-year warranty against major construction defects; warranties survive sale to subsequent owners.

  • Requires home improvement contractors to provide 2-year warranties against faulty workmanship and defective materials, plus 10-year warranty against major construction defects; applies to plumbing, electrical, heating, and cooling system installations.

  • Limits vendor and contractor liability by excluding coverage for damage from normal wear and tear, owner negligence, acts of God, secondary losses, and defects in owner-supplied materials; requires written notice of defects within 6 months of discovery.

  • Allows warranty exclusion or modification only by written agreement in 10-point bold type signed by the buyer/owner; violations subject to $1,000 penalty; provides right to recover reasonable attorney's fees and possible punitive damages for willful or deceitful breaches; claims must be filed within 2 years of discovery.

Legislative Description

Creates statutory warranties for home buyers and homeowners and also prevents home solicitors from engaging in certain deceptive practices

Last Action

Second Read and Referred S Commerce, Consumer Protection, Energy and the Environment Committee

1/19/2010

Committee Referrals

Commerce, Consumer Protection, Energy And The Environment1/19/2010

Full Bill Text

No bill text available