Could I Be Prosecuted Under the Home Repair Fraud Act? | IL

 Posted on August 21, 2024 in Criminal Defense

In 2010, Illinois passed a new law called the Home Repair Fraud Act that is intended to work hand-in-hand with the Consumer Fraud and Deceptive Practices Act to help homeowners targeted by allegedly dishonest contractors. Consumers who say they paid for poor-quality work, work they never received, or work that was only partly completed can pursue action against the responsible person and that person can face serious penalties. If you are a contractor, repairman, tiler, concrete layer, or any other home repair professional and are accused of unfair or illegal behavior, hire an Illinois criminal defense attorney right away.

What is the Home Repair Fraud Act? 

The Home Repair Fraud Act covers a wide variety of the most common contractor and home repair practices that are considered fraudulent or unfair. People violate the Act and engage in home repair fraud when they knowingly enter into a contract or agreement, whether orally or in writing, and:

• Lie about their qualifications and experience

• Ask for upfront or excessive payment 

• Do not get the correct permits for the work 

• Do not complete a project

• Do poor-quality work

• Use poor-quality materials

• Uses any kind of deception, pretense, or false promises to get a customer to enter into the contract 

The Act covers contractors offering the most common home repairs and remodels, but it also covers other people servicing various parts of the home, including people who fix, replace, alter, convert, modernize, improve, or make an addition to: 

• Swimming pools

• Porches

• Chimneys

• Furnaces, boilers, and hot water heaters 

• Electrical and plumbing systems 

• Mold and moisture control and elimination 

• Garages, outbuildings, and sheds 

• Driveways and sidewalks 

• Land improvements

Penalties for Violating the Home Repair Fraud Act

The Home Repair Fraud Act allows for penalties that depend not only on the acts of the accused but also on the value of the contract or agreement. For example, someone who intentionally damages property with the intent to then offer to fix the damage, or who lies and says he is an agent of the government or utility company, commits a Class 4 felony. The greater the value of the contract and the more predatory the nature of the fraud, the higher the level of penalties an accused person will face.

In addition, charges of home repair fraud are considered "aggravated" and elevated to felony charges if they are committed against an elderly person or a person with a disability. The specific punishments depend on the value of the contract and the specific behavior of the contractor, but are typically prosecuted as Class 2 or Class 3 felonies. Class 2 felonies carry up to seven years in prison and/or fines up to $25,000. Class 3 felonies carry up to five years in prison and/or fines up to $25,000.

Your attorney will discuss the charges with you to help you understand the penalties you face and the wisest course of action to get charges dropped or reduced.

Contact Our Naperville, IL Contractor Fraud Defense Attorney

If you are a contractor and someone is accusing you of fraudulent acts, take these accusations seriously and get a Naperville, IL criminal defense lawyer right away. If convicted, you face consequences that could impact not only your ability to work as a contractor, but your freedom, your finances, and your reputation among family and friends. Call the Law Office of Philip R. Nathe at 630-416-7600 for a free consultation now.