Indiana Code 24-5-11-10.6. Contracts entered after June 30, 2017; statement of right to cancel; notice of cancellation; consumer’s right to cancel; effective date of notice; return of payment or deposit; emergency or temporary services performed
(b) Before entering into a real property improvement contract with a consumer, the real property improvement supplier must inform the consumer of the consumer’s rights under this section by doing the following:
Terms Used In Indiana Code 24-5-11-10.6
- consumer: means a person that owns, leases, or rents the residential real property that is the subject of a real property improvement contract. See Indiana Code 24-5-11-2
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- insurance policy: refers to a:
Indiana Code 24-5-11-2.6
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property improvement: means any alteration, repair, replacement, reconstruction, or other modification of residential real property. See Indiana Code 24-5-11-3
- real property improvement contract: means an agreement, oral or written, between a real property improvement supplier and a consumer to make a real property improvement and for which the real property improvement contract price exceeds one hundred fifty dollars ($150). See Indiana Code 24-5-11-4
- real property improvement supplier: means a person who engages in or solicits real property improvement contracts whether or not the person deals directly with the consumer. See Indiana Code 24-5-11-6
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(A) The date this contract is signed by you and (name of real property improvement supplier).
(B) If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy.
See attached notice of cancellation form for an explanation of this right.”.
(2) Furnishing to the consumer a form, in duplicate, that is captioned “NOTICE OF CANCELLATION” and is attached to the contract but easily detachable, and that contains the following statement in at least 10 point, boldface type:
“NOTICE OF CANCELLATION
You may cancel this contract by mailing, delivering, or submitting by electronic mail a signed and dated copy of this cancellation notice or any other written notice to (name of real property improvement supplier) at (address of real property improvement supplier’s place of business), or (electronic mail address described in section 10(a)(2)(A) or 10(a)(2)(B)(iii) of this chapter), at any time before midnight on the third business day after the later of the following:
(A) The date this contract is signed by you and (name of real property improvement supplier).
(B) If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy.
If you cancel this contract, any payments made by you under the contract will be returned to you within ten (10) business days following receipt by (name of real property improvement supplier) of your cancellation notice, minus any amounts you may owe for work already done by (name of real property improvement supplier).
I HEREBY CANCEL THIS TRANSACTION
_______________________________
(date)
_______________________________
(consumer’s signature)”.
(c) A consumer may cancel a real property improvement contract under this section before midnight on the third business day after the later of the following:
(1) The date the real property improvement contract is signed by the consumer and the real property improvement supplier.
(2) If applicable, the date the consumer receives written notification from the consumer’s insurance company of a final determination as to whether all or any part of the consumer’s claim or the real property improvement contract is a covered loss under the consumer’s insurance policy.
(d) A consumer who seeks to cancel a real property improvement contract under this section must provide to the real property improvement supplier, at the address or electronic mail address specified in the form provided under subsection (b), written notice of the consumer’s intent not to be bound by the contract. If the notice of cancellation is sent by mail, the notice is effective upon deposit of the notice into the United States mail, with postage prepaid and the notice properly addressed to the real property improvement supplier. If the notice of cancellation is submitted by electronic mail, the notice is effective on the date it is electronically submitted. Subject to subsection (e), not later than ten (10) days after a real property improvement contract is canceled under this section, the real property improvement supplier shall tender to the consumer:
(1) any payment or deposit made by the consumer; and
(2) any note or other evidence of indebtedness of the consumer.
(e) If:
(1) a consumer cancels a real property improvement contract under this section; and
(2) the real property improvement supplier has performed emergency or temporary services that the consumer acknowledged in writing before their performance to be necessary to prevent damage to the real property;
the real property improvement supplier is entitled to the reasonable value of the emergency or temporary services performed.
As added by P.L.170-2017, SEC.20.