Home Repair Fraud

Home Repair Fraud is defined as the fraudulent fixing, replacing, altering, converting, modernizing, improving of or the making of an addition to any real property primarily designed or used as a residence. Home repair shall include, but not be limited to, the construction, installation, replacement or improvement of driveways, swimming pools, porches, roofs, siding, kitchens, chimneys, chimney liners, garages, outbuildings or storage sheds, fences, fallout shelters, air conditioning systems, heating systems, boilers, furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, awnings, floor or attic bracing, moisture control, and other improvements to residential structures or upon the land adjacent thereto.

Home repair shall not include the sale, installation, cleaning or repair of carpets; the sale of goods or materials by a merchant who does not directly or through a subsidiary perform any work or labor in connection with the installation or application of the goods or materials; the repair, installation, replacement or connection of any home appliance including but not limited to disposals, refrigerators, ranges, garage door openers, television antennas, washing machines, telephones or other home appliances when the person replacing, installing, repairing or connecting such home appliance is an employee or agent of the merchant that sold the home appliance; or landscaping.

If you are in construction or a handyman and are facing charges of home repair fraud, it is important to retain an experienced Oklahoma criminal defense lawyer to defend your case.

Oklahoma Statute

The statute for Home Repair Fraud is OKLA. STAT. tit. 15 § 761.1, which states “a person commits the offense of home repair fraud if the person knowingly or with reason to know: enters into a consumer transaction for home repair and knowingly or with reason to know: misrepresents a material fact relating to the terms of the consumer transaction or the preexisting or existing condition of any portion of the property involved, or creates or confirms an impression of the consumer which is false and which the violator does not believe to be true, or promises performance which the violator does not intend to perform or knows will not be performed; or uses or employs any deception, false pretense or false promises in order to induce, encourage or solicit such consumer to enter into any consumer transaction; or requires payment for the home repair at a price which unreasonably exceeds the value of the services and materials needed for the home repair; damages the property of a person with the intent to enter into a consumer transaction for home repair; or misrepresents himself or another to be an employee or agent of any unit of the federal, state, county, or municipal government, or an employee or agent of any public utility, with the intent to cause a person to enter into, with himself or another, any consumer transaction for home repair.”

Elements of the Crime

In order to be convicted of Home Repair Fraud in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove ONE OF THE FOLLOWING:

1) knowingly or with reason to know;

2) entered into a consumer transaction for home repair; and,

3) knowingly or with reason to know;

4)

    • Misrepresented a material fact relating to the terms of the consumer transaction, or the preexisting or existing condition of any portion of the property involved; OR
    • Created or confirmed an impression of the consumer which was false and which the defendant did not believe to be true; OR
    • Promised performance which the defendant did not intend to perform or knew would not be performed; OR
    • Used or employed any deception, false pretense, or promises in order to induce, encourage, or solicit a consumer to enter into a consumer transaction; OR
    • Required payment for the home repair at a price which unreasonably exceeded the value of the services and materials needed for the home repair;

5) when the value received for the performance of the consumer transaction exceeded $500 or the defendant had a prior conviction for home repair fraud.

OR

1) knowingly or with reason to know;

2) damaged the property of another;

3) with the intent to enter into a consumer transaction for home repair;

4) when the value received for the performance of the consumer transaction exceeded $500 or the defendant had a prior conviction for home repair fraud.

OR

1) knowingly or with reason to know;

2) misrepresented himself, herself, or another person, to e an employee or agent of the federal, state, county, municipal government, or a public entity.

3) with the intent to cause a person to enter into a consumer transaction for home repair with himself, herself, or another person;

4) when the value received for the performance of the consumer transaction exceeded $500 or the defendant had a prior conviction for home repair fraud.

Oklahoma Jury Instruction #5-53.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Home Repair Fraud in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.

Contact – Cannon & Associates: Oklahoma Criminal Defense

Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.

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