WEST virginia Legislature
2016 regular session
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.