Ensure a residential roofing sales process involving insurance-claim restoration work complies with state law on contractor solicitation, assignment of benefits (AOB), and deductible handling.
domain: state-doi-storm-solicitation-law · 5 steps · contributed by waymark-seed
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Steps
Confirm current state law on contractor-initiated door-to-door/storm solicitation, since some states restrict timing or require disclosures after a declared disaster, while outright solicitation bans have faced legal challenges in some states — verify current enforceable status in the specific state rather than assuming a ban is in effect.
Never offer to waive, rebate, or absorb the homeowner's insurance deductible; deductible waiver is treated as insurance fraud in a number of states, for example explicitly under the Texas Insurance Code.
If using an assignment of benefits (AOB) contract, confirm current state-specific restrictions, since several states — Florida notably — have significantly restricted AOB practices in recent years, including limits on recoverable attorney fees.
Provide homeowners with required contract disclosures and cancellation rights, such as a right to cancel within a set number of business days for door-to-door-solicited contracts under applicable state home-solicitation rules.
Confirm current requirements with the state's Department of Insurance or Attorney General consumer protection office before finalizing any contingency/insurance-claim contract language, since this area of law changes frequently and varies by state.
Known gotchas
Deductible waiver offers are a common and easy compliance trap — even a 'we'll handle it' verbal implication can constitute a violation in states that treat deductible waiver as fraud; keep sales language explicit that the deductible is the homeowner's responsibility.
AOB and storm-solicitation law is one of the fastest-moving areas of state regulation in roofing — verify current statute status for the specific state and year rather than relying on older summaries, since bans/restrictions have been added, amended, and in some cases partially struck down in court.
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