Title 59.1. Trade and Commerce
Chapter 61. Residential Property Owners Protection Act
§ 59.1-618. (Effective January 1, 2027) Prohibited conduct; prohibited advertisements.
A. No contractor shall knowingly or willfully pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor for repairs to a residential property covered by a policy or contract written to insure an owner-occupied property.
B. No contractor shall, directly or indirectly, engage in the following practices:
1. Soliciting a residential property owner by means of an advertisement that does not state, in the larger of 12-point font or a size at least half as large as the largest font size used in the communication, that (i) the residential property owner is responsible for payment of any insurance deductible; (ii) no contractor shall engage in the unauthorized practice of public adjusting, as defined in § 38.2-1845.1; and (iii) it is a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) to knowingly or willfully pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor for repairs to a property covered by an insurance policy written to insure an owner-occupied dwelling;
2. Offering to a residential property owner a rebate, credit, gift, gift certificate, cash, coupon, or waiver or in any other manner assisting the residential property owner in avoiding monetary payment of a required insurance deductible, or any other thing of value, in exchange for (i) permitting the contractor to conduct an inspection of the residential property owner's roof, or (ii) making an insurance claim for damage to the residential property owner's roof;
3. Offering, delivering, receiving, or accepting any compensation, inducement, or reward for the referral of any services for which property insurance proceeds are payable. Payment by the residential property owner or insurance company to a contractor for roofing services rendered shall not constitute compensation for a referral;
4. Providing a residential property owner with an agreement authorizing repairs without providing a good faith estimate of the itemized and detailed cost of services and materials for repairs undertaken pursuant to a property insurance claim. A contractor shall not be in violation of this subdivision if, as a result of the process of the insurer adjusting a claim, the actual cost of repairs differs from the initial estimate;
5. Executing a contract with a residential property owner to provide roofing services without including a notice that the contractor shall not engage in the practices set forth in subdivision 2. If the contractor fails to include such notice, the residential property owner may void the contract within 10 days after execution; and
6. Executing a contract to provide roofing services for a residential property owner without including in the contract, or adding as an attachment to the contract, the following language in bold type in at least 14-point font on the page reserved for the residential property owner's signature:
"IF THE PROPOSED WORK IS RELATED TO AN INSURANCE CLAIM, YOU, THE RESIDENTIAL PROPERTY OWNER, SHOULD CONTACT YOUR INSURANCE COMPANY TO VERIFY COVERAGE FOR THE PROPOSED ROOFING SERVICES, INCLUDING ANY CLAIMS, DEDUCTIBLES, AND POLICY TERMS, BEFORE SIGNING THIS CONTRACT. BY SIGNING THIS CONTRACT, YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED TO CONTACT YOUR INSURANCE PROVIDER REGARDING COVERAGE AND REIMBURSEMENT OF THE PROPOSED WORK."
