Do Your Homework Before Any Home Work

Q: I had a home improvement salesperson come into my home who swore that she was licensed in the District of Columbia.

She persuaded me to do home improvement projects with her company. I signed an agreement that had her signature, title and license number. She explained that her costs were higher than the price of another company I was looking at because of the quality work and the fact that they do not sub out the work.

When the work was finally completed, the original company I had solicited for the job actually did the entire project. I ended up paying three times more than I would have paid with that other company.

Now I find out that she was not a licensed sales representative for this company after all. She put someone else's number beneath her signature and it is also on her business card. I would never have allowed her to come into my home without being licensed.

I paid all but $1,900, which I held back until the last phase was completed. They are now suing me for that money.

My court case is coming up in June. I feel my contract is void and I should not have to pay based on the false information she gave me. The work was beautiful but I paid far more than I should have. Can you advise?

A: Get a lawyer who understands consumer and contract law immediately. In general, home improvement contractors in the Washington area are required to obtain a home improvement license. If the contractor is not licensed, the contract will in most cases be considered void and not binding on you.

The laws differ in our three jurisdictions. In the District, if you give an unlicensed contractor $300 or more upfront, you are entitled to get back all the money you paid. It does not matter how good the job is. The public policy of the District is to penalize contractors who do not obtain a license.

In Virginia, it is a misdemeanor, punishable by fine (and possibly jail) for a contractor without a license to work on a job worth more than $100.

In Maryland, the Home Improvement Commission regulates and supervises contractors. It will also investigate complaints and seek restitution from those who are unlicensed. According to the Maryland Department of Labor, Licensing and Regulation, in the last fiscal year, the commission "recovered close to $2.5 million for homeowners who were cheated by unlicensed contractors."

It is also a misdemeanor in Maryland not to have a license. If convicted, the contractor is subject to a fine of up to $1,000, and imprisonment up to 30 days.

You made a mistake in believing the salesperson, without checking references or even independently determining if there was a valid, current license.