BLAIR LEE III, Acting Governor
1927
(14) Failure to comply with any order, demand or
requirement lawfully made by the Commission under and within
the authority of this subtitle[.];
(15) The demand for or the receipt of any
payments prior to the signing of a home—improvement
contract.
(b) Violation of any of the prohibitions of this
section (1) shall subject any violator to whom the licensing
provisions of this subtitle apply to the administrative
sanctions of § [259] 256 of this subtitle; and (2) shall
subject any violator, whether or not required to be licensed
by this subtitle, TO THE PROVISIONS OF SECTION 259 AND to
criminal prosecution as prescribed in § 268 of this
subtitle.
265.
(a) This section shall apply only to home—improvement
contracts between a prime contractor and the owner for work
upon one-, two—, or three—family dwelling places[, where the
aggregate contract price exceeds $200.00]; or where the
contractor is licensed, or is subject to be licensed, in
accordance with the provisions of this subtitle, with regard
to the home-improvement transaction. Contracts which fail
to comply with the requirements of this section shall not be
deemed to be invalid solely because of noncompliance.
(b) Every home-improvement contract subject to the
provisions of this section shall be evidenced by a written
agreement and shall be signed by the parties thereto. The
writing shall contain: (1) The name, address, and license
number of the contractor, and the names and license numbers
of the salesmen who solicited or negotiated the contract;
(2) the approximate dates when the work will begin and be
substantially completed; (3) a description of the work to be
done and materials to be used; (4) the agreed consideration
for the work; (5) the number of monthly payments and the
amount of each monthly payment stated as a sum in dollars
which shall include all finance charges; [and] (6) A
LIMITATION OF ANY DOWN PAYMENT DEPOSIT AT THE TIME OF
EXECUTION OF THE CONTRACT TO NOT MORE THAN 33 PERCENT OF THE
CONTRACT PRICE; (7) a description of any collateral security
taken or to be taken for the owner's obligation under the
contract; AND (8) A NOTICE IN BOLDFACE TYPE THAT THE
CUSTOMER MAY CONTACT THE HOME IMPROVEMENT COMMISSION
CONCERNING QUESTIONS INVOLVING HIS RIGHTS UNDER THE HOME
IMPROVEMENT LAW THAT ALL HOME__IMPROVEMENT CONTRACTORS AND
SUBCONTRACTORS MUST BE LICENSED BY THE HOME IMPROVEMENT
COMMISSION INQUIRIES ABOUT A CONTRACTOR SHOULD BE
TRANSMITTED TO THE HOME IMPROVEMENT COMMISSION,
TELEPHONE:___________. The writing may also contain other
matters upon which the parties lawfully agree.
267.
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