STEP 2: DID YOU PROVIDE THE CONSUMER WITH THE REQUIRED BROCHURE AND NOTICE AT TIME OF CONTRACTING?

The Right to Cure Act required you to provide a brochure to the consumer prepared by the Department of Commerce and a written notice – which may be included in the contract – describing the defects claim process under the Right to Cure Act. If you did not do this and the consumer files suit without giving you prior written notice, the Court or arbitrator is to stay the proceedings to allow you to provide these items and allow the consumer to follow the necessary procedures under the Act. Obtain the brochure here.

If you did provide the necessary brochure and notice at or before the time of contracting, but the consumer did not give you notice and an opportunity to cure, the Court is to dismiss the consumer’s action without prejudice, meaning that it can be refiled if the consumer proceeds to follow the claims process set forth in the Right to Cure Act.