Have you been charged with Home Improvement Fraud? As a former prosecutor that has prosecuted numerous home improvement fraud cases, I can assure you that I certainly know how to defend them! Don't make the mistake of hiring an attorney that does not know how to defend these cases. Hire an attorney that knows what they are doing.
What is home improvement fraud?
A person is guilty of home improvement fraud who enters, or offers to enter, a home improvement contact as the provider of the home improvements to another person, and, with the intent to deprive the other person of their money or to appropriate it:
1 Uses or employs any false pretense or false promise, as those acts are defined in 11 Del.C. §§843 and 844;
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 contact 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;
(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.
It shall be prima facie evidence of the person's criminal intent that the person offering/agreeing to provide home improvements:
1 Has previously been convicted under Delaware law 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 the subject to any administrative orders, judgments or injunctions that relate to home improvements under Chapter 25 of Title 6;
3 Failure 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.
Home Improvement Fraud is a Class A Misdemeanor punishable by up to one year in prison and a fine of up to $2,300.00
Home Improvement Fraud is a Class G Non-Violent felony punishable by up to two years in prison in the following circumstances:
1. The contract price or the total amount actually paid to the defendant by or on behalf of the person who purchased the home improvements is $1,500.00 or more;
2. The person who purchased the home improvements is 62 years of age or older; or
3. The defendant has previously been convicted of Home Improvement Fraud under Delaware law.
