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View Full Version : Consumer Fraud NJ (Don't let it happen to you)


Trinity Lawn Care, LLC
12-03-2005, 06:56 PM
Hi all New Jersians,

Has anyone spoken with their attorney about the home improvement statute that will be in effect as of Jan 1 06'. From what info. my attorney has given me so far this is going to be a pretty serious thing. He shared with me that all landscape and lawn care companies will have to be licensed with the division of consumer affairs. This license # will have to be on everything. In addition if you are not licensed by Jan 1 06' any services performed will automatically be considered acts of consumer fraud.

The good news is that you have to be a legit business with a minimum of 500k gen liab per occur to even submit an application.

I just wanted to share with others what my attorney shared with me. I am not an attorney though. I say this to say talk to your attorney's and find out any info that you may need. It is better to be safe than sorry. I shared this with a couple of other local owners that I know and they were not that concerned. Any thoughts???

AintNoFun
12-03-2005, 07:29 PM
jersey sucks....
'nuff said....

Trinity Lawn Care, LLC
12-03-2005, 07:36 PM
In More Ways Than One!

sicnj
12-04-2005, 06:35 PM
Hey Trinity are you licenced yet, because it looks like you only have about3 weeks to get it done? "if you are not licensed by Jan 1 06' any services performed will automatically be considered acts of consumer fraud."

what are you going to do, and where do you go to contact consumer affairs?
do you have to have decals on your weedwackers?

nac
12-04-2005, 07:28 PM
I don't know about enforcing it but it is true you need to be registered. I registered last year and it took about 6-8 months to get my paperwork back. but I'm good till Dec 06. Also the state has hired a couple hundred inspectors to check that all employees are legal and on the books I hear it is a 10,000.00 fine for the 1st offense.

kemmer
12-04-2005, 08:15 PM
ya we had a rep come to my class one day in school, they can get you for anything, and they will have a record of everything about your business. But most consumers dont know about them....:rolleyes:

Trinity Lawn Care, LLC
12-04-2005, 10:04 PM
Hi SicNJ,

I do have the paper work in. My attorney took care of all that. As far as contacting them I am not 100% sure. Again, my attorney took care of that. You can probably contact them on the web.

As far as decals are concerned. Not 100% sure yet about that either. From what I know the lic# will have to be on all your vehicles like your pest#. Also, any bus. cards, flyers, advertisements etc. will to have your number on it. Anything in addition to that I am not really to sure about yet. I am waiting to get the paperwork that will explain all this in more detail. Again, this is just info that has been given to me.

I see that it says that you are from S. Seaville. Is that the one located in Cape May County? I am originally from OC.

AintNoFun
12-04-2005, 10:25 PM
I don't know about enforcing it but it is true you need to be registered. I registered last year and it took about 6-8 months to get my paperwork back. but I'm good till Dec 06. Also the state has hired a couple hundred inspectors to check that all employees are legal and on the books I hear it is a 10,000.00 fine for the 1st offense.


there are only gonna enforce legit business's that have the money to pay for the fines... its not gonna stop all the mexicans and weekend warriors....

stripes
12-14-2005, 12:15 AM
has anyone filed recently and recieved their paperwork back? just curious if it still takes 6-8 months to get it back. im just finishing up my aplication and sending it in this week.

Trinity Lawn Care, LLC
12-14-2005, 12:29 AM
Still waiting for it. My application got sent in end of last month/begining of this month. I know that my attorney was saying that they were back logged and that we had to get it in quick. I am hoping that it doesn't take 6-8 months. I am sure that with the holidays the will probably be a little slow.

kozmo
12-14-2005, 06:21 AM
Hey guys nj dose require reg. unless you are lic. in a another area such as irr. or pest. check with info pack they sent you.

jc1
12-14-2005, 08:05 PM
Link to info
http://www.state.nj.us/lps/ca/contractor.htm

Ol'time Lawncare
12-16-2005, 07:25 PM
Link to info
http://www.state.nj.us/lps/ca/contractor.htm
NEW JERSEY SUCKS!!!

bigviclbi
12-16-2005, 11:53 PM
they cashed my check a month ago but no license yet....

Tahoe1889
12-17-2005, 12:16 AM
they cashed my check a month ago but no license yet....


Yeah they where quick to Cash the Check but SLOW on the Filing Took me for ever but Finaly got it back. Now its time to buy New Buisness cards redo Invoices and Contracts add lettering to the Truck. They have a whole list on what you need to have on everything.

bigviclbi
12-17-2005, 04:55 PM
Just bought 1000 business cards maybe I can stick a label on them.

LandscapePro
01-05-2006, 10:44 PM
Hey guys,

Ya'll are a long way from my part of the country, but welcome to "my" world.

I followed the link in this thread and found no mention of landscaping (other than landscape architect) until I read the actual legislation.

It doesn't per se mention lawn service / mowing guys. Where does that group fit in?

Just wondering

Mike
La. Landscape Contractor #2576

kemmer
01-05-2006, 10:55 PM
it goes under home improvement

sicnj
01-07-2006, 01:45 PM
Trinity,
sorry it has been so long since i looked at this thread. yeah I live right outside of Sea Isle City in Cape May County. Where are you located now.

Birdjr
01-07-2006, 06:26 PM
if ur strictly lawn maintenece u dont need to register but if u plant shrubs, flowers mulch landscape work like that u need to register

Trinity Lawn Care, LLC
01-18-2006, 06:55 PM
I met with my attorney the other day. There are a whole list of things that you have to do from: certain verbiage has to be in your contracts, your reg# has to be displayed on everything that is giving to the consumer (i.e. estimates, contracts, invoices, biz cards, ad, and more), you will have to give every customer a copy of your certificate of liab. ins. residential and commercial alike, and more. From what I was told that if you strictly mow then this will not pertain to you as mentioned in a previous post. However, if you do pretty much anything else then it does. Even as simple as mulching, or planting flowers. There was an article about this law in one of our areas larger newspapers two days ago. They are trying to inform the consumer. There are a lot of things to know in the statutes. For those who do not know I highly recommend that you do some research. Once they start enforcing this there are some pretty hefty fines and possible jail time. Although this sucks, it should pose to be a good thing for legitimate businesses in the long run. I just do not want to see any lco's get smacked down because they didn't know. If anyone would like to contact an attorney and you do not have one you can PM me I know of a really good one. No I am not related them LOL, or selling for them. Just know that they are good. Sorry so long. This is just a very important matter. We will potential see people go out of biz over this.

LandscapePro
01-18-2006, 09:03 PM
Rob,

Thanks for sounding the trumpet for the guys up your way.
You're correct that people will go out of business and some that are maintenance and "doing a little landscaping on the side" will hang up their shovels. It happened here.

Some are going to P*$$ and moan about it and get licensed, others do their best just "not to get caught", and some will just hang it up.

The best advice if for you guys to stay on top of the authority that's taking care of the license issuance. Start hammering them now with regard to enforcement.

Make them tell you exactly how long they are "gonna play nice" when someone gets caught and when the "gloves are coming off". Also make them tell you... Does company X have to be "caught in the act" before they're going to do something about them not being licensed.

Get the number of enforcement agents and how much territory each agent is responsible for. If you're given a BS answer, move up the ladder until you've got someone that knows the correct answers!

Get everything you can from the licensing people in writting. What you can't get that way, you and a buddy "compare notes" as to what you were told.

The bottom line is guys on the "up and up" are going to get with the program. Now that it has happened, you've got[B] to make them [B]enforce the new rules.

I can tell you from experience. It's a real PITA to start with, but it will help cure the "fly by nights" and lift everyone's standards. Just make sure that after they have your money, they're going to seriously get after those that aren't playing by the new rules.

Best of luck guys

Mike
La. Landscape Contractor #2576

CutApproved
01-20-2006, 01:47 PM
Question: What do guys like me do that are trying to startup a business?
I'm small now and do not generate a lot of income.. Do I need this lic. too?

Thanks for any info.

Trinity Lawn Care, LLC
01-20-2006, 02:57 PM
CutApproved, I would say that it depends on what type of work you are doing. From my understanding if you are just strictly mowing then you do not need it. If you are doing anything else then you do. With that said it is not that expensive to get it you just have to do some extra paper work. No matter what type of work and how much income you are bringing in I definitely would recommend having insurance. If you have insurance then you are already half way there. You need to be a legitimate biz, with 500k min liab, I do not remember what the other requirements are but not many, fill out an app to the state, and pay them $90.