Legal Question in Consumer Law in New Jersey
Am I A Home Improvement Contractor
I own several residental rental properties in new jersey.I only do remodeling work on my own properties. I obtain building permits when required in my name. A building inspector has stated that I must registered as a home improvement contractor with the state. The statue states any person performing a home improvement upon a 1to 4 unit residential or non commercial property owned by that person or by a member of that persons family is exempted. The act also further defines home improvement contractor as a person engaged in the business of making or selling home improvements. It also defines residential or non commercial property as any property used in whole or in partas a place of residence and devoted to the residential use of the property. Am I requiredto registered as a Home Improvement contractor?
2 Answers from Attorneys
Re: Am I A Home Improvement Contractor
I think the answer largely depends upon the legal ownership of the property. Is the property owned in your name as an individual or is it owned as a corporation? Are you performing the work as an individual or as an agent of a home remodeling company you own? If it is in a corporate name, then I would recommend you register. Regardless of whether HICRA applies to you, a diplomatic letter to the inspector explaining the situation or asking for clarification as to his position would be best. If you continue working in the town, you will want to avoid creating a hostile relationship. Otherwise, life can be made very difficult with the town in issuing permits. Please call me if you need assistance. This is one of the three areas in which I practice and I am sure I could be of help to you.
Re: Am I A Home Improvement Contractor
It sounds like you are headed for a fight with some town building inspector who does not want you to contradict him, no matter what the law says.
If you are correct (and I would have to look this up to be sure), then you certainly should be exempt. that is a big IF, and needs to be checked.
a nasty letter from an attorney, with detailed explanation of the law, may be enough to make this municipal bldg inspector back off and leave you alone. maybe.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; a brief telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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