Actions by home improvement services provider that constitute offense

(a) For purposes of this section, unless the context otherwise requires: (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Statute: A law passed by a legislature.United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(1) “Contract for home improvement services” means a contractual agreement, written or oral, between a person performing home improvement services and a residential owner, and includes all labor, services, and materials to be furnished and performed under such agreement; (2) “Home buyer” means a person who intends to enter into a new home construction contract on behalf of any person; (3) “Home improvement services” means the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to any residential property, and includes, but is not limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters, and roofing; (4) “Home improvement services provider” means any person or entity, whether or not licensed pursuant to title 62, chapter 6, who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, schedule, direct, or in any manner assume charge of home improvement services for a fee. Home improvement services provider specifically includes, but is not limited to, a residential contractor as defined in § 62-6-102 when such contractor is performing home improvement services and a home improvement contractor as defined in § 62-6-501; (5) “New home contractor” means any person who offers or provides new home construction services as a general contractor or a subcontractor, including, but not limited to, an architect or engineer; (6) “New home construction” means the erection, installation, design work, engineering work, permitting through a governmental entity, architectural design, obtaining construction financing, or construction of a dwelling on a fixed foundation on land which is owned or purchased by a home buyer; (7) “New home construction contract” means a contractual agreement, written or oral, between a new home contractor and a home buyer whereby the new home contractor agrees to provide new home construction services in exchange for tender of money or other consideration of value by a home buyer or by any lending institution on behalf of the home buyer to a new home contractor as part of a new home construction contract; (8) “Possession” means actual care, custody, control, or management of residential property, but shall not include occupancy of residential property through a lease or rental agreement; (9) “Residential owner” means a person who has legal possession of residential real property, including any person authorized by such residential owner to act on the residential owner’s behalf; and (10) “Residential property” means the building structure where a person abides, lodges, resides, or establishes a living accommodation, or where a home buyer or residential owner intends to abide, lodge, reside, or establish a living accommodation following the completion of new home construction or home improvement services made pursuant to a new home construction contract or a contract for home improvement services, and includes the land on or adjacent to such building structure. (b) It is an offense for a new home construction contractor or home improvement services provider with intent to defraud to: (1) (A) Fail to refund amounts paid under a new home construction contract or a contract for home improvement services within ten (10) days of: (i) The acceptance of a written request for a refund either hand delivered or mailed certified mail return receipt attached; (ii) The refusal to accept the certified mail sent to the last known address of the new home contractor or home improvement services provider by the home buyer or residential owner; or (iii) The return of the certified mail to the home buyer or residential owner indicating that the addressee is unknown at the address or a similar designation if the provider failed to provide to the home buyer, residential owner, or the United States postal service a correct current or forwarding address; (B) A violation of subdivision (b)(1)(A) is an offense only if: (i) No substantial portion of the new home construction or home improvement services work has been performed at the time of the request; (ii) More than ninety (90) days have elapsed since the starting date of the new home cons