Not long after the Home Repair and Remodeling Act was passed in 2000, lawyers discovered a troubling omission, one that caused confusion and, inevitably, litigation.
The problem? Nowhere does the Act specify the remedy for a violation. Suppose Joe the Contractor neglects to give Susie Homeowner the consumer-rights brochure required by the statute. Does that mean Joe can't sue Susie for not paying his repair bill?
As Adam Whiteman
notes in his excellent article in the latest Real Property
newsletter, the Act "has been the subject of nine separate appellate decisions" and "has already made it to the Illinois Supreme Court" in its short lifetime. To address the "what's the remedy?" problem, the ISBA has proposed legislation specifying that, in Whiteman's words, "a private citizens' proper remedy for a violation of the Home Repair Act is to be found in the Consumer Fraud Act."
Read the article
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