A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "HOME REPAIR CONSUMER PROTECTION ACT" BY ADDING CHAPTER 31 TO TITLE 37 SO AS TO REQUIRE WRITTEN AND SIGNED CONTRACTS FOR CERTAIN HOME REPAIR SERVICES, TO PROVIDE CERTAIN RIGHTS AND PROTECTIONS OF HOMEOWNERS WHO ENTER INTO HOME REPAIR AGREEMENTS WITH HEIGHTENED PROTECTIONS FOR ELDERLY HOMEOWNERS, TO CREATE THE OFFENSE OF HOME REPAIR FRAUD AND TO ESTABLISH PENALTIES, AND TO ESTABLISH CERTAIN PROHIBITED ACTS OF CONTRACTORS OR THEIR AGENTS WHICH CONSTITUTE AN UNFAIR TRADE PRACTICE.
H5056 enacts the “Home Repair Consumer Protection Act” and creates a new chapter in Title 37 governing certain home repair and improvement contracts in South Carolina. The bill requires written, signed contracts for home repair services costing $1,000 or more and mandates specific disclosures, including the contractor’s contact information, a detailed description of the work and materials, the total cost, estimated start and completion dates, and notice of a consumer’s right to cancel. It also gives homeowners a cancellation period of three business days, extended to five business days for owners age 62 or older.
The bill defines “home repair” broadly to cover many residential improvement projects, while excluding items such as carpet work, certain appliance services, landscaping, and new home construction. It also creates the offense of home repair fraud, with criminal penalties for misrepresentation, deception, unconscionable contracts, property damage used to induce a contract, unauthorized contract alterations, and failure to perform after taking advance payment. A separate aggravated offense applies when the victim is an elderly person or a person with a disability, or when the project is intended to benefit a person with a disability.
In addition to criminal penalties, the bill makes several contractor practices unlawful, including abandoning work, materially deviating from plans without a signed change order, demanding payment before a contract is signed, and misleading changes to business identity or insurance information. Violations of these provisions are treated as unfair trade practices under South Carolina’s Consumer Protection Code, and licensing discipline is authorized for contractors who fail to provide the required contract information and notices.
The bill’s impact would be to expand consumer protections in the home improvement market, especially for older adults and people with disabilities, while increasing compliance obligations for licensed contractors and related agents. It would also give the state additional enforcement tools through both criminal law and consumer protection law, potentially affecting contractor licensing, contract drafting, advertising, billing, and refund practices.
Because there are no recorded committee transcripts or votes in the provided material, there is no documented debate or formal voting history to gauge sentiment. Based on the bill text alone, the measure appears strongly consumer-protection oriented, with a particular emphasis on preventing fraud and abusive practices in home repair transactions. The main point of potential contention is likely the added regulatory burden on contractors, including mandatory written contracts, cancellation rights, and criminal exposure for noncompliance, especially where disputes involve pricing, scope changes, or alleged unconscionability.
The bill adds Chapter 31 to Title 37, creating a new statutory framework for home repair contracts and consumer protections. It imposes written-contract requirements for qualifying projects, establishes mandatory disclosures and cancellation rights, creates new criminal offenses for home repair fraud and aggravated home repair fraud, and classifies certain contractor misconduct as unfair trade practices under the South Carolina Consumer Protection Code. It also authorizes disciplinary action under contractor licensing laws for failure to provide required notices and disclosures.
No committee discussion or vote history was provided, so there is no recorded legislative sentiment to summarize from debate or roll calls. The bill’s text indicates a clear pro-consumer purpose, particularly aimed at protecting homeowners, elderly residents, and people with disabilities from deceptive or abusive home repair practices. The overall tone is protective and enforcement-oriented rather than deregulatory.
The likely area of contention is the balance between consumer protection and contractor compliance burdens. Contractors may object to the mandatory written-contract rules, cancellation windows, detailed disclosure requirements, and the criminalization of certain conduct, especially the unconscionability standard and the broad definition of home repair fraud. Consumer advocates would likely support the bill’s heightened protections, especially the longer cancellation period for older homeowners and the aggravated penalties for fraud against elderly or disabled victims.