Illinois Compiled Statutes
Chapter 815 - BUSINESS TRANSACTIONS
815 ILCS 515/ - Home Repair Fraud Act.

(815 ILCS 515/1) (from Ch. 121 1/2, par. 1601)
Sec. 1.
This Act shall be known and may be cited as the "Home Repair Fraud Act".

(Source: P.A. 84-1270.)
 
(815 ILCS 515/2) (from Ch. 121 1/2, par. 1602)
Sec. 2.
Definitions.
As used in this Act, unless the context otherwise requires:
(a) "Home Repair" means the fixing,
replacing, altering, converting, modernizing, improving of or the making of an addition
to any real property primarily designed or used as a residence.
(1) Home repair shall include the construction, installation,
replacement or improvement of driveways, swimming pools, porches, kitchens,
chimneys, chimney liners, garages, fences, fallout shelters, central air
conditioning, central
heating, boilers, furnaces, hot water heaters, electrical wiring, sewers,
plumbing fixtures, storm doors, storm windows, awnings and
other improvements to structures within the residence or upon the land adjacent thereto.
(2) Home repair shall not include the sale, installation, cleaning or
repair of carpets; the sale of goods or materials by a merchant who does
not directly or through a subsidiary perform any work or labor in
connection with the installation or application of the goods or materials;
the repair, installation, replacement or connection of any home appliance
including but not limited to disposals, refrigerators, ranges, garage door
openers, television antennas, washing machines, telephones or other home
appliances when the person replacing, installing, repairing or connecting
such home appliance are employees or agents of the merchant that sold the
home appliance; or landscaping.
(b) "Person" means any individual, partnership, corporation, business,
trust or other legal entity.
(c) "Residence" means a single or multiple family dwelling, including
but not limited to a single family home, apartment building, condominium,
duplex or townhouse which is used or intended to be used by its occupants
as their dwelling place.
Nothing in this Act shall be construed to apply to original construction
of single or multiple family residence.

(Source: P.A. 84-1270.)
 
(815 ILCS 515/3) (from Ch. 121 1/2, par. 1603)
Sec. 3.
Home Repair Fraud.
(a) A person commits the offense of home repair fraud when he knowingly
enters into an agreement or contract, written or oral, with a person for
home repair, and he knowingly:
(b) A person commits the offense of home repair fraud when he knowingly:
(c) For purposes of subsection (a), paragraph (1), it shall be a
rebuttable presumption of intent or knowledge that a person promises
performance which he does not intend to perform and knows will not be
performed when, after no performance or no substantial performance of a
contract or agreement for home repair, he fails or refuses to return
payments made by the victim and he:
Intent and knowledge shall be determined by an evaluation of all
circumstances surrounding a transaction and the determination shall not be
limited to the time of contract or agreement.
Substantial performance shall not include work performed in a manner
of little or no value or work that fails to comply with the appropriate
municipal, county, State or federal regulations or codes.

(Source: P.A. 87-820.)
 
(815 ILCS 515/4) (from Ch. 121 1/2, par. 1604)
Sec. 4.

(a) Violation of paragraphs (1) or (2) of subsection (a) of Section
3 of this Act shall be a Class 4 felony when the amount of the contract or
agreement is more than $1,000, a Class A misdemeanor when the amount of the
contract or agreement is $1,000 or less, and a Class 4 felony for the
second or subsequent offense when the amount of the contract or agreement
is $1,000 or less. If 2 or more contracts or agreements for home repair
exceed an aggregate amount of $1,000 or more and such contracts or
agreements are entered into with the same victim by one or more of the
defendants as part of or in furtherance of a common fraudulent scheme,
design or intention, the violation shall be a Class 4 felony.
(b) Violation of paragraph (3) of subsection (a) of Section 3 of
this Act shall be a Class 3 felony when the amount of the contract or
agreement is more than $10,000 and a Class 4 felony when the amount of the
contract or agreement is $10,000 or less.
(c) Violation of paragraph (4) of subsection (a) of Section 3 of this
Act shall be a Class 4 felony when the amount of the contract or agreement
is more than $1,000, a Class A misdemeanor when the amount of the contract
or agreement is $1,000 or less, and a Class 4 felony for a second or
subsequent offense when the amount of the contract or agreement is $1,000
or less. If 2 or more contracts or agreements for home repair exceed an
aggregate amount of $1,000 or more and such contracts or agreements are
entered into with the same victim by one or more of the defendants as part
of or in furtherance of a common fraudulent scheme, design or intention,
the violation shall be a Class 4 felony.
(d) Violation of paragraphs (1) or (2) of subsection (b) of Section 3 of
this Act shall be
a Class 4 felony.

(Source: P.A. 84-1270.)
 
(815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
Sec. 5. Aggravated Home Repair Fraud. A person commits the offense
of aggravated home repair fraud when he commits home repair fraud:
(a) Aggravated violation of paragraphs (1) or (2) of subsection (a) of
Section 3 of this Act shall be a Class 2 felony when the amount of
the
contract or agreement is more than $500, a Class 3
felony when the amount
of the contract or agreement is $500 or less, and a Class 2
felony for a
second or subsequent offense when the amount of the contract or agreement
is $500 or less. If 2 or more contracts or agreements for home
repair
exceed an aggregate amount of $500 or more and such contracts or
agreements are entered into with the same victim by one or more of the
defendants as part of or in furtherance of a common fraudulent scheme,
design or intention, the violation shall be a Class 2 felony.
(b) Aggravated violation of paragraph (3) of subsection (a) of Section 3
of this Act shall be a Class 2 felony when the amount of the contract
or
agreement is more than $5,000 and a Class 3 felony
when the amount of the
contract or agreement is $5,000 or less.
(c) Aggravated violation of paragraph (4) of subsection (a) of
Section 3 of this Act shall be a Class 3 felony when the amount of
the
contract or agreement is more than $500, a Class 4
felony when the amount
of the contract or agreement is $500 or less and a Class
3 felony for a
second or subsequent offense when the amount of the contract or agreement
is $500 or less.
(d) Aggravated violation of paragraphs (1) or (2) of subsection (b) of
Section 3 of this Act shall be a Class 3 felony.
(e) If a person commits aggravated home repair fraud, then any State or
local license or permit held by that person that relates to the business of
home repair may be appropriately suspended or revoked by the issuing authority,
commensurate with the severity of the offense.
(f) A defense to aggravated home repair fraud does not exist merely
because
the accused reasonably believed the victim to be a person less than 60 years
of age.

(Source: P.A. 99-143, eff. 7-27-15.)

Structure Illinois Compiled Statutes