Mich. Admin. Code R. 125.1508 - Unlawful practices
Rule 508.
(1)
Without the express written consent of a customer, an installer and servicer
shall not install or service a home or a part, option, accessory, or item of
standard equipment of a home that, to the best of its knowledge, will result in
an alteration or substitution to the manufacturer's installation, construction,
and performance standard in effect at the time of manufacture. The customer's
consent shall be attached to the work order.
(2) If a customer desires installation or
service that alters or substitutes the manufacturer's standard, then the
engaged installer and servicer shall notify the customer by certified mail or
personal delivery, that, to the best of its knowledge, the desired installation
or service alters or substitutes the manufacturer's standard and that the
alteration or substitution may void the manufacturer's warranty.
(3) An installer and servicer shall not do
any of the following:
(a) Divert money or
other security that is received for the prosecution or completion of an
installation or service, or both, of a home or a part, option, accessory, or
item of equipment of a home under the conditions of the work order.
(b) Fail to account for or remit money in the
installer and servicer's possession that belongs to others.
(c) Willfully depart from or disregard plans,
specifications, or the conditions set forth in the work order without the
written consent of the customer.
(d) Willfully violate or disregard the
building laws, codes, and ordinances of the state or a political subdivision of
the state, including failing to obtain the permits that are required for the
installation or service, or both, of a home.
(e) Fail to deliver to a customer the
customer's signed work order executed upon completion of the installation or
service performed under the conditions of the work order.
(f) Fail to deliver to a customer the entire
executed work order, including itemized costs of materials and other charges
arising out of, or incidental to, the work order for the installation or
service, or both, of a home before the work commences.
(g) Aid or abet an unlicensed person to evade
the provisions of the act or rules promulgated under the act; knowingly combine
or conspire with, or be acting as agent, partner, or associate for, an
unlicensed person; allow one's license to be used by an unlicensed person; or
be acting as, or be an apparent licensed installer and servicer for, an
undisclosed person who does or will control or direct, or who may have the
right to control or direct, directly or indirectly, the business operations or
performance, or both, of the licensee.
Notes
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