WEST virginia Legislature

2016 regular session

Introduced

House Bill 4278

By delegates Fast, Hill, Shaffer, Kurcaba and Azinger

[Introduced January 26, 2016; referred to the committee on the Judiciary.]

A BILL to amend  the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-109a, relating to allowing a home improvement transaction to be performed under an oral contract.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §46A-6-109a, to read as follows:

 ARTICLE 6.  GENERAL CONSUMER PROTECTION.

§46A-6-109a.  Failure to provide written contract not unfair or deceptive act.

Notwithstanding any other provision of this code to the contrary and notwithstanding the provisions of Attorney General Rule §142-5-3, it is not an unfair or deceptive practice to have an oral contract to perform any home improvement transaction.  The Attorney General shall amend its rules to comply with this section.

NOTE: The purpose of this bill is to allow an oral contract to be used to perform any home improvement transaction.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.