Title 59.1. Trade and Commerce
Subtitle .
Chapter 61. Residential Property Owners Protection Act
Chapter 61. Residential Property Owners Protection Act.
§ 59.1-617. (Effective January 1, 2027) Definitions.As used in this chapter, unless the context requires a different meaning:
"Advertisement" means any written or electronic communication by a contractor, including a door hanger, business card, magnet flyer, pamphlet, phone call, or email, that could be reasonably interpreted to encourage, instruct, or induce a residential property owner to contact a contractor for the purpose of making an insurance claim for roof damage.
"Contractor" has the same meaning as provided in § 54.1-1100, except that actions by any person acting on behalf of a contractor, including an employee engaged in soliciting on behalf of a contractor, shall be considered the actions of the contractor.
"Residential property owner" means a person who holds the legal title to residential real property and does not include the Commonwealth or its agencies or political subdivisions.
"Soliciting" means contacting (i) in person; (ii) by electronic means, including e-mail, telephone, and any other real-time online communication directed to a specific person; or (iii) by delivery to a specific person or residential dwelling.
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."
A. A residential property owner may cancel a contract with a contractor to provide roofing services within the earlier of 10 days after the execution of the contract or by the official start date of the services, if (i) the contract was entered into within 180 days of the declaration of a state of emergency by the Governor and (ii) the residential property is located within the geographic area for which the declaration of the state of emergency applies. The residential property owner shall send the notice of cancellation by certified mail, return receipt requested, or other form of mail that provides proof of delivery to the contractor's address specified in the contract.
B. Upon the declaration of a state of emergency by the Governor, a contractor executing a contract to provide roofing services with a residential property owner for a property located within the geographic area for which the declaration of the state of emergency applies shall include, or add 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:
"YOU, THE RESIDENTIAL PROPERTY OWNER, MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION WITHIN THE EARLIER OF 10 DAYS AFTER THE EXECUTION OF THE CONTRACT OR BY THE OFFICIAL START DATE OF THE SERVICES BECAUSE THIS CONTRACT WAS ENTERED INTO WITHIN 180 DAYS OF THE DECLARATION OF A STATE OF EMERGENCY BY THE GOVERNOR. THE OFFICIAL START DATE OF THE SERVICES IS THE DATE ON WHICH THE WORK THAT INCLUDES THE INSTALLATION OF MATERIALS THAT WILL BE INCLUDED IN THE FINAL WORK ON THE ROOF COMMENCES, A PERMIT HAS BEEN ISSUED, OR A TEMPORARY REPAIR TO THE ROOF HAS BEEN MADE IN COMPLIANCE WITH THE VIRGINIA BUILDING CODE."
Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).