Sec. 12. (a) A home improvement supplier who enters into a home improvement contract and knowingly:

(1) misrepresents a material fact relating to:

(A) the terms of the home improvement contract; or

(B) a preexisting or existing condition of any part of the property involved, including a misrepresentation concerning the threat of:

(i) fire; or

(ii) structural damage;

if the property is not repaired;

(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, but less than seven thousand dollars ($7,000);

(6) misrepresents or conceals the home improvement supplier's:

(A) real name;

(B) business name;

(C) physical or mailing business address; or

(D) telephone number;

(7) upon request by the consumer, fails to provide the consumer with any copy of a written warranty or guarantee that states:

(A) the length of the warranty or guarantee;

(B) the home improvement that is covered by the warranty or guarantee; or

(C) how the consumer could make a claim for a repair under the warranty or guarantee;

(8) uses a product in a home improvement that has been diluted, modified, or altered in a manner that would void the manufacturer's warranty of the product without disclosing to the consumer the reasons for the dilution, modification, or alteration and that the manufacturer's warranty may be compromised; or

(9) falsely claims to a consumer that the home improvement supplier:

(A) was referred to the consumer by a contractor who previously worked for the consumer;

(B) is licensed, certified, or insured; or

(C) has obtained all necessary permits or licenses before starting a home improvement;

commits home improvement fraud, a Class B misdemeanor, except as provided in section 13 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. Amended by P.L.81-2006, SEC.1.