1. (1) No seller may substitute products or materials for those specified in the home improvement contract, or for those which the seller represented would be used in the home improvement, without the prior consent of the buyer. Except as provided in sub. (2), if a written home improvement contract is required under s. ATCP 110.05 (1) or the buyer signs a written contract, the buyer’s consent under this paragraph shall also be in writing.

   Note: According to s. 137.15 (3), Stats., “If a law requires a record to be in writing, an electronic record satisfies that requirement in that law.”

2. (2) Verbal authorization. The seller may act on alterations to the contract that are verbally authorized by the buyer, if all the following conditions are met:

   1. (a) The alteration does not represent any additional cost to the buyer.
   2. (b) The alteration does not represent a decrease in the value of the materials used or the services provided.

   3. (c) The seller maintains documentation of the following:

      1. 1. The manner in which the buyer communicated the authorization for the alteration. In this subdivision, “manner” means face-to-face discussion, phone call, or some other method of communicating.
      2. 2. The name of the buyer who authorized the alteration.
      3. 3. The date and time that the buyer authorized the alteration.
      4. 4. A description of the alteration.
   4. (d) The seller must report any alterations documented pursuant to par. (c) to the buyer before final payment is accepted.

History

History: CR 13-066: cr. Register March 2014 No. 699, eff. 6-1-14; corrections in (2) (c) 1. and (d) made under s. 13.92 (4) (b) 7., Stats., correction in (1) made under s. 35.17, Stats., Register March 2014 No. 699.