100.65 Residential contractors.
(1) In this section:
(a) “Consumer" means an owner or possessor of residential real estate.
(b) “Dwelling unit" means a structure or that part of a structure that is used or intended to be used for human habitation.
(c) “Promise to pay or rebate" includes granting any allowance or offering any discount against fees to be charged or paying a consumer any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or any other item of monetary value.
(d) “Residential contractor" means a person who enters into a written or oral contract with a consumer to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate.
(e) “Residential real estate" means residential property containing a one-family or 2-family dwelling.
(f) “Roof system" includes roof coverings, roof sheathing, roof weatherproofing, and insulation.
(2) No residential contractor may, including in any advertisement, promise to pay or rebate all or any portion of a property insurance deductible as an incentive to a consumer entering into a written or oral contract with the residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate.
(3) Before entering into a written contract with a consumer to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate, a residential contractor shall do all of the following:
(a) Furnish the consumer with a statement in boldface type of a minimum size of 10 point in substantially the following form:
Please indicate whether, to the best of your knowledge, the work contemplated by this contract is related to a claim under a property insurance policy:
.... YES, to the best of my knowledge, the work contemplated by this contract is related to a claim under a property insurance policy.
.... NO, to the best of my knowledge, the work contemplated by this contract is not related to a claim under a property insurance policy.
Date ....
Customer's signature ....
Residential contractor's signature ....
You may cancel this contract at any time before midnight on the third business day after you have received written notice from your insurer that the claim has been denied in whole or in part under the property insurance policy. See the attached notice of cancellation form for an explanation of this right.
(b) Furnish the consumer a completed form in duplicate that is attached to the contract, is easily detachable, and contains, in boldface type of a minimum size of 10 point, the following statement:
NOTICE OF CANCELLATION
If you are notified by your insurer that the claim under the property insurance policy has been denied in whole or in part, you may cancel the contract by personal delivery or by mailing by 1st class mail a signed and dated copy of this cancellation notice or other written notice to (name of contractor) at (contractor's business address) at any time before midnight on the third business day after you have received the notice from your insurer. If you cancel the contract, any payments made by you under the contract, except for certain emergency work already performed by the contractor, will be returned to you within 10 days following receipt by the contractor of your cancellation notice.
I CANCEL THIS CONTRACT
Date ....
Customer's signature ....
(4) Before a consumer enters into a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate, the consumer shall indicate to the residential contractor whether, to the best of the consumer's knowledge, the work contemplated by the contract is related to a claim under a property insurance policy. If the consumer makes the indication on the statement provided by the residential contractor under sub. (3) (a), the residential contractor shall retain the statement and provide the consumer with a copy of the statement.
(5) A consumer who enters into a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate all or part of which is to be paid under a property insurance policy may cancel that contract prior to the end of the 3rd business day after the insured receives written notice from the insurer that the claim under the property insurance policy is denied in whole or in part. The consumer shall give the residential contractor written notice of cancellation by personal delivery of the notice or by 1st class mail to the residential contractor's address stated in the contract. If the notice is given by mail, the notice shall be postmarked before midnight of the 3rd business day after the insured receives written notice from the insurer of the denial of the claim. The notice shall be sufficient if the consumer uses the notice of cancellation form in sub. (3) (b) or provides other written notice that indicates the consumer's intent not to be bound by the contract.
(6) Within 10 days after a residential contractor receives a cancellation notice under sub. (5), the residential contractor shall return to the consumer any payments made, any deposits made, and any note or other evidence of indebtedness related to the contract. However, if the residential contractor has performed any emergency services, acknowledged by the consumer in writing to be necessary to prevent damage to the residential real estate, the residential contractor shall be entitled to the reasonable value of those services.
(7) Any provision in a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate that requires the payment of any fee for anything except emergency services under sub. (6) is not enforceable against the consumer who has cancelled the contract under sub. (5).
(8) No residential contractor may represent or offer or advertise to represent a consumer or negotiate or offer or advertise to negotiate on behalf of a consumer with respect to any insurance claim related to the repair or replacement of a roof system or to the exterior repair, replacement, construction, or reconstruction of residential real estate. This subsection does not prohibit a residential contractor, with the express consent of an insured, from doing any of the following:
(a) Discussing damage to the insured's property with the insured or an insurance company's representative.
(b) Providing the insured an estimate for repair, replacement, construction, or reconstruction of the insured's property, submitting the estimate to the insured's insurance company, and discussing options for the repair, replacement, construction, or reconstruction with the insured or an insurance company's representative.
(9) Any person who violates this section shall forfeit not less than $500 nor more than $1,000 for each violation.
History: 2013 a. 24, 150.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 100 - Marketing; trade practices.
100.01 - Produce wholesalers, unfair conduct, liability for damages.
100.02 - Commission merchants, duties, must account.
100.025 - Classification of dairy heifer calves.
100.04 - Livestock production contracts.
100.05 - Butter and cheese manufacturers; accounts accessible.
100.057 - Wisconsin cheese logotype.
100.07 - Milk payments; audits.
100.14 - Uniform labels and trademarks.
100.15 - Regulation of trading stamps.
100.16 - Selling with pretense of prize; in-pack chance promotion exception.
100.174 - Mail-order sales regulated.
100.175 - Dating service contracts.
100.177 - Fitness center and weight reduction center contracts.
100.178 - Fitness center staff requirements.
100.18 - Fraudulent representations.
100.182 - Fraudulent drug advertising.
100.183 - Fraud, advertising foods.
100.184 - Advertising foods for sale.
100.185 - Fraud, advertising musical performances.
100.186 - Linseed oil, white lead, zinc oxide, turpentine; standards; sale.
100.187 - Sale of honey and Wisconsin certified honey; rules, prohibitions.
100.19 - Distribution methods and practices.
100.195 - Unfair billing for consumer goods or services.
100.197 - Patent notifications.
100.20 - Methods of competition and trade practices.
100.201 - Unfair trade practices in the dairy industry.
100.202 - Contracts in violation void.
100.203 - Vehicle protection product warranties.
100.205 - Motor vehicle rustproofing warranties.
100.206 - Music royalty collections; fair practices.
100.207 - Telecommunications services.
100.208 - Unfair trade practices in telecommunications.
100.209 - Video programming service subscriber rights.
100.2095 - Labeling of bedding.
100.21 - Substantiation of energy savings or safety claims.
100.22 - Discrimination in purchase of milk prohibited.
100.23 - Contract to market agricultural products; interference prohibited.
100.235 - Unfair trade practices in procurement of vegetable crops.
100.24 - Revocation of corporate authority.
100.261 - Consumer protection surcharge.
100.264 - Violations against elderly or disabled persons.
100.265 - List of gasohol and alternative fuel refueling facilities.
100.27 - Dry cell batteries containing mercury.
100.28 - Sale of cleaning agents and water conditioners containing phosphorus restricted.
100.285 - Reduction of toxics in packaging.
100.29 - Sale of nonrecyclable materials.
100.295 - Labeling of recycled, recyclable or degradable products.
100.297 - Plastic container recycled content.
100.305 - Prohibited selling practices during periods of abnormal economic disruption.
100.307 - Returns during emergency; prohibition.
100.31 - Unfair discrimination in drug pricing.
100.313 - Solicitation of a fee for providing a public record.
100.315 - Solicitation of contract using check or money order.
100.33 - Plastic container labeling.
100.335 - Child's containers containing bisphenol A.
100.36 - Frauds; substitute for butter; advertisement.
100.37 - Hazardous substances act.
100.383 - Antifreeze; bittering required.
100.43 - Packaging standards; poison prevention.
100.44 - Identification and notice of replacement part manufacturer.
100.45 - Mobile air conditioners.
100.46 - Energy consuming products.
100.47 - Sales of farm equipment.
100.48 - Hour meter tampering.
100.50 - Products containing or made with ozone-depleting substances.
100.51 - Motor fuel dealerships.
100.52 - Telephone solicitations.
100.525 - Telephone records; obtaining, selling, or receiving without consent.
100.53 - Vehicle rentals; title and registration fees.
100.54 - Access to credit reports.
100.545 - Security freezes for protected consumers.
100.55 - Furnishing or using certain consumer loan information to make solicitations.
100.57 - Tax preparers; privacy of client information.
100.60 - State renewable fuels goal.
100.65 - Residential contractors.
100.70 - Environmental, occupational health, and safety credentials.