Home Improvement Fraud

Someone knocks on your door, calls you, or you find them on the internet. And they say they can fix your leaky roof, install new windows, or completely remodel your home.

But here is what happens next: they run off with your money and never make the repairs. Or they do shoddy repairs that make things worse.

Home improvement fraud in Georgia is a serious crime that can result in civil and criminal penalties. It occurs when a contractor or other service provider engages in deceptive or dishonest practices when working on a homeowner’s property.

Generally speaking, home improvement fraud is any act that intends to deceive or defraud a homeowner in connection with a home improvement contract. Some examples of home improvement fraud may include:

• A contractor taking payment for work that is not started or completed;
• Charging for materials or services that were not actually provided;
• Failing to disclose material information about the work, such as potential risks or hazards.

What constitutes Fraud in Georgia?

Under Georgia law, to recover for fraud, the plaintiff must prove five essential elements:

1. that the defendant made the representations;
2. that at the time he knew they were false;
3. that he made them with the intention and purpose of deceiving the plaintiff;
4. that the plaintiff relied on the representations;
5. that the plaintiff sustained the loss and damage as the proximate result of their having been made.

If a contractor or other service provider is found to have engaged in home improvement fraud, they may be subject to both civil and criminal penalties.

What to do if you are a victim of Home Repair Fraud?

If you believe you have been the victim of home repair fraud in Georgia, here are some steps you can take:

1. Report the fraud to law enforcement: If you believe a contractor has committed home repair fraud, you should report the incident to the local police department. Provide as much information as possible, including the contractor’s name, business name, and contact information.
2. File a complaint with the Georgia Department of Law’s Consumer Protection Division: The Consumer Protection Division is responsible for investigating complaints of home repair fraud in Georgia. You can file a complaint by phone, mail, or online.
3. Contact your local Better Business Bureau: The Better Business Bureau can provide information on the contractor’s reputation and any complaints filed against them.
4. Hire an experienced attorney: If you have suffered financial losses due to home repair fraud or a contractor’s fraudulent actions, hire an attorney to help you recover damages.

Be proactive in preventing future fraud: Always research contractors before hiring them and ask for references from past clients. Also, make sure to get written estimates and contracts that clearly outline the work, timeline, and costs involved.

If you suspect that you have been the victim of home improvement fraud or a contractor has breached the contract, contact Diwan Law as soon as possible to protect your rights and pursue any available legal remedies.