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materials, or work performed or to be performed
is prima facie evidence of an unconscionable
home improvement contract.
35-43-6-10. Fair market value.
For purposes of this chapter, the fair market
value of a home improvement is that amount
which in commercial judgment or under usage of
trade would be reasonable for services, materials,
and work of similar quality and workmanship.
35-43-6-11. Determining fair market value.
For purposes of this chapter, fair market value
shall be determined as of the time either the home
improvement contract was formed or at the time
any of the work commenced under the home
improvement contract, whichever is earlier.
However, if such evidence is not readily available,
the fair market value prevailing within any rea-
sonable time before or after the time described,
which in commercial judgment or under usage of
trade would serve as a reasonable substitute, may
be used.
35-43-6-12. Offenses.
(a) Ahome improvement supplier who enters
into a home improvement contract and know-
ingly:
(1) misrepresents a material fact relating to:
(A) the terms of the home improvement
contract; or
(B) a preexisting or existing condition
of any part of the property involved,
including a misrepresentation con-
cerning the threat of:
(i) fire; or
(ii) structural damage;
if the property is not repaired;
(2) creates or confirms a consumer’s
impression that is false and that the home
improvement supplier does not believe to
be true;
(3) promises performance that the home
improvement supplier does not intend to
perform or knows will not be performed;
(4) uses or employs any deception, false
pretense, or false promise to cause a con-
sumer to enter into a home improvement
contract;
(5) enters into an unconscionable home
improvement contract with a home
improvement contract price of four thou-
sand dollars ($4,000) or more, but less
than seven thousand dollars ($7,000);
(6) misrepresents or conceals the home
improvement supplier’s:
(A) real name;
(B) business name;
(C) physical or mailing business
address; or
(D) telephone number;
(7) upon request by the consumer, fails to
provide the consumer with any copy of a
written warranty or guarantee that states:
(A) the length of the warranty or guar-
antee;
(B) the home improvement that is cov-
ered by the warranty or guarantee; or
(C) how the consumer could make a
claim for a repair under the warranty or
guarantee;
(8) uses a product in a home improvement
that has been diluted, modified, or altered
in a manner that would void the manu-
facturer’s warranty of the product without
disclosing to the consumer the reasons for
the dilution, modification, or alteration
and that the manufacturer’s warranty may
be compromised; or
(9) falsely claims to the consumer that the
home improvement supplier:
(A) was referred to the consumer by a
contractor who previously worked for
the consumer;
(B) is licensed, certified, or insured; or
(C) has obtained all necessary permits
or licenses before starting a home
improvement;
commits home improvement fraud, a Class B
misdemeanor, except as provided in section 13 of
this chapter.
(b) A home improvement supplier who, with
the intent to enter into a home improvement con-
tract, knowingly:
(1) damages the property of a consumer;
(2) does work on the property of a con-
sumer without the consumer’s prior author-
ization;
