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[PA] Is a home improvement contract enforceable if the price and scope were left blank when the homeowner signed it?
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Hello, my mother was just scammed by a blacktop company. The company claimed it had just finished blacktopping a neighbor's driveway (a neighbor they mentioned by name) and said it had some left over and would not mind doing a small space for my mom. My mom trusted their word and signed a payment slip that did not yet have a square footage estimate or a price estimate filled in. They were going to talk pricing after they came back with the "extra" blacktop. It turns out it was not extra. They brought three truckloads and applied the first truckload in two hours (she was able to stop them before they did the other two). They ended up doing more than $7,000.00 of blacktop without my mother's consent, even though she signed the work slip before square footage and pricing were discussed. What can be done?
I'm really sorry to hear about your mother's experience; that sounds very distressing. Can you tell me if your mother has any written documentation or contracts from the blacktop company regarding the work they performed?
Yes, but the slip she signed was before the company filled out the square footage and pricing.
Has your mother reported this incident to the local authorities or a consumer protection agency?
She is preparing to.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your mother's scam issue.
No.
Hi there! Welcome to our service. My name is Liz, and I've been an attorney for more than a decade. I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, in what state does your mom live?
Pennsylvania.
Thank you for sharing that. Is the company actually registered as a company in Pennsylvania?
It's a Delaware company, but my mother could not find anything on them. The company is called [business name redacted].
Thanks for that information. I see three companies by that name in Delaware. Did they list any website on the slip they gave her?
They listed [redacted: company website].
Perfect.
Since your mother signed a slip without the square footage and pricing filled in, there might be an argument that there was no clear agreement or "meeting of the minds" regarding the terms of the contract. This could potentially render the contract void or voidable. Pennsylvania's Home Improvement Consumer Protection Act also says that a home improvement contract is not valid or enforceable against the homeowner unless it meets the requirements . Among other things, it must be in writing, state the total price, and give the homeowner the right to cancel within three business days of signing. A violation of that act is also a violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law.
If the company intentionally deceived your mother by claiming they had leftover materials and then charged for more than was agreed, this could be considered fraud. Fraud involves a false representation of a material fact made with knowledge of its falsity and with the intent to deceive. If your mom is elderly, that can be considered elder fraud. Under the Unfair Trade Practices and Consumer Protection Law, the civil penalty is higher when the consumer harmed is 60 or older. She could send a demand letter asking them to cancel the debt, or she could consider a suit for fraud. She could also file with the FTC and the state attorney general. The FTC's Cooling-Off Rule (16 CFR Part 429) separately requires sellers who make sales at a buyer's home to tell the buyer about the right to cancel within three business days.
It seems my mom was not the only one scammed. There are other people who left reviews describing similar stories.
How old is elderly? She is 50+.
That could become a potential class action if they are defrauding others. Elderly in Pennsylvania is 60+.
Okay. Thank you so much!
You're very welcome.
I just wanted to be sure we had some ground to stand on. You have been so helpful. I appreciate it.
I'm glad I could help!
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