Delaware Code Title 11. Crimes and Criminal Procedure § 916. Home improvement fraud; class G felony, class A misdemeanor
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(a) For the purpose of this section, the following definitions shall apply:
(1) “Contract price” means the total price agreed upon under a home improvement contract.
(2) “Home improvement” means any alteration, repair, addition, modification or improvement to any dwelling or the property on which it is situated, including but not limited to the construction, painting or coating, installation, replacement or repair of driveways, sidewalks, swimming pools, unattached structures, porches, kitchens, bathrooms, chimneys, fireplaces, stoves, air conditioning or heating systems, hot water heaters, water treatment systems, electrical wiring or systems, plumbing fixtures or systems, doors or windows, roofs, gutters, downspouts and siding.
(3) A “home improvement contract” is any agreement, whether written or oral, whereby a person offers or agrees to provide home improvements in exchange for a payment of money regardless of whether any such payments have been made.
(4) A “material fact” is a fact that a reasonable person would consider important when purchasing a home improvement of the variety being offered.
(b) A person is guilty of home improvement fraud who enters, or offers to enter, into a home improvement contract as the provider of home improvements to another person, and who with the intent specified in § 841 of this title:
(1) Uses or employs any false pretense or false promise as those acts are defined in §§ 843 and 844 of this title;
(2) Creates or reinforces a person's impression or belief concerning the condition of any portion of that person's dwelling or property involved in said home improvement contract knowing that the impression or belief is false;
(3) Makes any untrue statement of a material fact or omits to state a material fact relating to the terms of the home improvement contract or the existing condition of any portion of the property which is the subject of said contract;
(4) Receives money for the purpose of obtaining or paying for services, labor, materials or equipment and fails to apply such money for such purpose by:
a. Failing to substantially complete the home improvement for which the funds were provided; or
b. Failing to pay for the services, labor, materials or equipment provided incident to such home improvement; or
c. Diverting said funds to a use other than for which the funds were received; or
(5) Fails to provide that person's own true name, or provides a false name, address or phone number of the business offering said home improvements.
(c) For home improvement fraud under this section, it shall be prima facie evidence of the intent specified in § 841 of this title that the person offering or agreeing to provide home improvements:
(1) Has been previously convicted under this section or under a similar statute of the United States or of any state or of the District of Columbia within 10 years of the home improvement contract in question;
(2) Is currently subject to any administrative orders, judgments or injunctions that relate to home improvements under Chapter 25 of Title 6;
(3) Failed to comply with Chapter 44 of Title 6 with respect to the home improvement contract in question; or
(4) Used or threatened the use of force against the person or property of the person purchasing said home improvement and said person is 62 years of age or older.
(d) Home improvement fraud is a class A misdemeanor, unless:
(1) The contract price or the total amount actually paid to the defendant by or on behalf of the person who purchased the home improvement is $1,500 or more;
(2) The person who purchased the home improvement is 62 years of age or older; or
(3) The defendant has previously been convicted under this section;
in which case it is a class G felony.
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