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Staff reports

Wednesday, September 17, 2008

COLUMBUS — Ohio Attorney General Nancy Rogers urged citizens to remember their consumer rights before entering into contracts to repair storm damage. While they homeowners may feel the need to begin rebuilding and repairing their home as quickly as possible, the following Ohio laws will help you avoid complications and may prevent you from losing time and money.

You have the right to an estimate

Under Ohio's Consumer Sales Practices Act, consumers have the right to an oral or written estimate for services that cost more than $25. The estimate must include a description of the work that will be done, the anticipated date of completion and the expected cost. Every consumer should exercise this right and ask for this information in writing. Refuse to do business with a company that does not provide a written estimate. Unless you have a right to cancel, once you accept your estimate, it becomes a binding contract.

Prior authorization for additional cost

If the cost of the repair is more than 10 percent of the original estimate, the company must get your authorization for the additional cost. Always insist on a written change order when additional work becomes necessary.

No law requires you to pay up front

Be wary of any contractor that insists on a large payment before work begins. You should never pay more than 10 percent up front and never pay in cash. Paying with a check or a credit card offers more protection and documentation.

You have a three day right to cancel

Under the Home Solicitation Sales Act, you have three days in which to cancel any contract signed in your home or a location other than a company's regular place of business. The contractor must provide you with a cancellation form at the time of the sale. To cancel the contract, you must cancel in writing by midnight of the third business day after the transaction. If no contract is used, or if the contract does not comply with the law, the right to cancel is extended.

Required permits and licenses

Ohio does not require home improvement contractors to be licensed, but some cities in Ohio require licensing, and some jobs require permits. Verify with your local city officials whether the contractor is licensed and has obtained the necessary permits. Also, check with the Ohio Secretary of State to see if the contractor is registered to do business in Ohio. www.sos.state.oh.us.

Before signing any contract

Know the contractor. Obtain the name, address and phone number of any contractor agreeing to do work for you. Ask for identification from the company's representative. Call the Attorney General and the Better Business Bureau to check whether others have complained about a company. Be cautious of any contractor who is not willing to provide proper identification, does not have a permanent place of business, or cannot provide references.

A contract must include

• A start date indicating when the work will begin,

• a completion date,

• the type, grade and quality of materials to be used,

• cost of labor and materials,

• the total cost

• whether subcontractors will be used,

• any guarantees or warranties on both the services and the materials, and

• a receipt for any deposit or partial payment

Failure to complete work

Make sure your contract states a completion date. If you do not have a completion date in writing, Ohio law gives the contractor eight weeks to complete the work after you pay your deposit. The contractor cannot extend the date of completion without your permission. If you extend the completion date, put it in writing, signed by you and the contractor.

EXAMPLES OF SCAMS

Fly-by-night contractors

They often arrive from out-of-town or out-of-state as soon as a disaster occurs. They promise immediate and/or cheap home repair, clean up or remodeling. They often take your money without doing all or any of the work. Many of these contractors do a shoddy job or keep asking for more money while the job is in progress. They may require a large cash deposit before beginning the work, and then never return.

Charity scams

Scam artist may pose as charities to solicit donations for disaster victims. They may even use legitimate charity names, such as the Red Cross. The money is never provided to those who are in need of the assistance. Check with the BBB and the Attorney General's Charitable Section to make sure the charity is legitimate.

Job opportunity scams

Beware of advertisements for jobs such as flood clean up or other labor which require an advance fee payment to obtain the job. Often the money is paid in advance and no job exists.

Con-artists portraying themselves as public officials

Question anyone claiming to be a government representative or official.

Request to see photo identification from anyone who wants access to your home. Con- artists may offer help in obtaining disaster relief payments from the government, or act as safety or building inspectors advising you that work should be done immediately. To avoid identity theft, do not give out your personal financial information or your social security number.

For additional information and to report fraud, contact Ohio Attorney General's Help Center at 1-877-244-6446 or www.ag4Ohio.gov

Have you run into any scams due to the storm?

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