Ala. Code § 13A-9-111.1 (1975) Aggravated Home Repair Fraud

• Library: Alabama Statutes
• Edition: 2023
• Currency: Current with legislation from the 2023 Regular and Special Sessions.
• Year: 2023
• Citation: Ala. Code § 13A-9-111.1 (1975)

(a) This section shall be known and may be cited as the Alabama State of Emergency Consumer Protection Act.

(b) A person commits the offense of aggravated home repair fraud when the person knowingly does any of the following:

(1) Enters into an agreement or contract for consideration, written or oral, with another person for home repair of a residential structure that is damaged, destroyed, or otherwise in need of repair or services as a result of an event for which the Governor has declared a state of emergency, as defined in Section 31-9-3, and the offending person knowingly does any one or more of the following:

a. Knowingly misrepresents a material fact relating to the terms of the contract or agreement or the preexisting or existing condition of any portion of the property involved.

b. Knowingly creates or confirms another person's impression which is false and which he or she does not believe to be true.

c. Promises performance which he or she does not intend to perform or knows will not be performed.

d. Knowingly uses or employs any deception, false pretense, or false promises in order to induce, encourage, or solicit another person to enter into any contract or agreement.

e. Knowingly misrepresents or conceals either his or her real name or the name of his or her business or business address.

f. Knowingly uses deception, coercion, or force to obtain another person's consent to modification of the terms of the original contract or agreement.