An Act To Protect Consumers during Residential Construction
Maine Legislature, Session 128, LD 1529
Committee Amendment CA_A_S166 (Senate)
Amends: 17-A MRSA §908

COMMITTEE AMENDMENT "A" to S.P. 535, L.D. 1529, Bill, "An Act To 
Protect Consumers during Residential Construction" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §908, as amended by PL 2007, c. 475, §12 and c. 476, §§34 
to 3 8, is further amended to read: 
§908. Home construction or repair fraud 
1. A home construction or repair seller is guilty of home construction or repair fraud 
if the seller knowingly enters into an agreement or contract, written or oral, with any 
person for home construction or repair services and the seller, at the time of entering into 
that agreement or contract: 
A. Intentionally misrepresents a material fact relating to the terms of the agreement 
or contract or misrepresents a preexisting or existing condition of any portion of the 
property that is the subject of the home construction or repair services. Violation of 
this paragraph is a Class D crime; 
B. 
Intentionally creates or reinforces an impression relating to the terms of the 
agreement or contract that is false and that the seller does not believe to be true or 
fails to correct such an impression that the seller had previously created or reinforced. 
Violation of this paragraph is a Class D crime; 
C. Intentionally promises performance under the terms of the agreement or contract 
that the seller does not intend to perform or that the seller knows will not be 
performed. Violation of this paragraph is a Class D crime; 
D. 
Intentionally uses or employs deception, false pretense or false promise in 
securing the agreement or contract. Violation of this paragraph is a Class D crime; 
E. Knows that the property that is the subject of the home construction or repair 
services was previously damaged or destroyed by the seller with the intent to obtain 
5 
the agreement or contract. Violation of this paragraph is a Class D crime; 
COMMITTEE AMENDMENT 
COMMITIEEAMENDMENT"A "to S.P. 535, L.D. 1529 
F. Violates paragraph A and the person has 2 or more prior convictions under this 
section or for engaging in substantially similar conduct to that contained in this 
section in another jurisdiction. Section 9-A governs the use of prior convictions 
when determining a sentence. Viol~tion of this paragraph is a Class C crime; 
G. Violates paragraph B and the person has 2 or more prior convictions under this 
section or for engaging in substantially similar conduct to that contained in this 
section in another jurisdiction. Section 9-A governs the use of prior convictions 
when determining a sentence. Violation of this paragraph is a Class C crime; 
H. Violates paragraph C and the person has 2 or more prior convictions under this 
section or for engaging in substantially similar conduct to that contained in this 
section in another jurisdiction. Section 9-A governs the use of prior convictions 
when determining a sentence. Violation of this paragraph is a Class C crime; 
I. Violates paragraph D and the person has 2 or more prior convictions under this 
section or for engaging in substantially similar conduct to that contained in this 
section in another jurisdiction. Section 9-A governs the use of prior convictions 
when determining a sentence. Violation of this paragraph is a Class C crime; or 
J. Violates paragraph E and the person has 2 or more prior convictions under this 
section or for engaging in substantially similar conduct to that contained in this 
section in another jurisdiction. Section 9-A governs the use of prior convictions 
when determining a sentence. Violation of this paragraph is a Class C crime. 
3. As used in this section, unless otherwise indicated, the following terms have the 
following meanings. 
A. 
11Home construction or repair services
means building or constructing a 
residence and fixing, replacing, altering, converting, modernizing, improving or 
making an addition to real property primarily designed or used as a residence. 
11Home construction or repair services
includes not only structural work but also the 
construction, installation, replacement, improvement and cleaning of driveways, 
swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, 
fall-out shelters, central air conditioning, central heating, boilers, furnaces, hot water 
heaters, electric wiring, sewers, carpeting. plumbing fixtures, storm doors, storm 
windows, siding or awnings and other improvements to structures within the 
residence or upon the land adjacent to the residence, including tree trimming. 
B. 
11Home construction or repair seller
or 
11seller
means a person, partnership, 
corporation, business, trust or other legal entity that sells or provides home 
construction or repair services. 
C. 
11Residence
means a single-family or multifamily dwelling, including a single-
family home, apartment building, condominium, duplex or townhouse that is used or 
intended to be used by its occupants as a dwelling place.' 
SUMMARY 
This amendment, which is the unanimous report of the committee, strikes and 
replaces the bill. The amendment expands the crime of home repair fraud to include 
fraud that occurs in connection with initial construction of a residence. 
COMMITTEE AMENDMENT 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 05/20/17 feac 
LD 1529 
LR 1649(02) 
An Act To Protect Consumers during Residential Construction 
(S-1Lol9) 
Fiscal Note for Bill as Amended by Committee Amendment 'It" 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR1649(02) - Fiscal Note - Page 1 of 1