Your Home and Car

If your home has been damaged by recent storms, make sure you are dealing with a legitimate, reputable contractor.

• Check the Roofer Registration list to be sure your roofing contractor is registered with the Attorney General's Office as required by law.
• Find more tips on staying safe from home repair scams
• Learn more about Kansas' door-to-door sales laws

Disaster Price Gouging

State law also prohibits unjustifiably increasing the price of necessary goods and services during a time of disaster.

• Learn more about disaster price gouging

Charitable Giving

If you want to help others affected by storms, make sure the charity you donate to is legitimate.

• Learn more about giving safely to charitable organizations
• Visit www.kscharitycheck.org to make sure the charity is registered.

On and after July 1, 2013, every "roofing contractor" must obtain a roofing contractor registration certificate from the Kansas Attorney General in order to legally provide commercial or residential roofing services for a fee in Kansas.

The listed registrants have successfully completed the registration requirements pursuant to the Kansas roofing registration act. Registration does not constitute an endorsement of a listed contractor by the Attorney General. Consumers who have additional questions can contact the Attorney General's office at (800) 432-2310.

• Frequently Asked Questions for Consumers about the Roofing Registration Act
• Roofing Contractors: View more information about how to register

Check the Roofing Registration Directory

Report an Unregistered Roofer

Home improvements and repairs can cost thousands of dollars and are the subject of frequent complaints.

Tips for choosing a contractor

• Get recommendations and references. Talk to friends, family and others who have used the contractor for similar work.
• Get at least three written estimates from different contractors. Insist the contractors come to your home to evaluate what needs to be done. Be sure the estimates are based on the same work so that you can make meaningful comparisons.
• Check contractor complaint records. The Better Business Bureau can provide this information.
• Make sure the contractor meets licensing and registration requirements. Your local city or county officials can help you find out what these requirements are. If you are in need of roof repairs, be sure your roofing contractor is registered with the Attorney General's Office.
• Get the names of suppliers and ask if the contractor makes timely payments.
• Contact your local building inspection department to check for permit and inspection requirements. Be wary if the contractor asks you to get the permit–it could mean the firm is not licensed.
• Be sure your contractor is insured. The contractor should have personal liability, property damage and worker's compensation insurance for workers and subcontractors. Also check with your insurance company to find out if you are covered for any injury or damage that might occur.

Negotiating your contract

• Get everything in writing. Insist on a contract that states exactly what work will be done, the quality of materials that will be used, warranties, timetables, the names of any subcontractors, the total price of the job, and the schedule of payments.
• Understand your payment options. Compare the cost of getting your own loan versus contractor financing.
• Don't make a final payment or sign a final release until you are satisfied with the work and know that subcontractors and suppliers have been paid.
• Pay by credit card when you can. You may have the right to withhold payment to the credit card company until problems are corrected.

Beware if your contractor:

• Comes door-to-door or seeks you out
• Just happens to have material left over from a recent job
• Tells you the job will be a "demonstration"
• Offers you discounts for finding other customers
• Quotes a price that's out of line with other estimates
• Pressures you for an immediate decision
• Offers an unusually long guarantee
• Can only be reached by leaving messages with an answering service
• Drives an unmarked van or has out-of state license plates
• Asks you to pay for the entire job up front

Door-to-door sales are the subject of many complaints to our office. A high-pressure sales pitch from a solicitor at your home can be an intimidating situation. While there is no state law against door-to-door sales, the Kansas Consumer Protection Act does lay down some rules that solicitors must follow. Know your rights to be sure you are protected.

Kansas law guarantees you three days to cancel any purchase of $25 or more made in your home or at a location that is not the permanent place of business or local address of the seller, often referred to as the "Cooling-Off Rule." The salesperson must verbally inform you of your cancellation rights at the time of sale. You also must be given two copies of a cancellation form and a copy of your contract or receipt.

The contract or receipt must be dated, show the name and address of the seller, be in a large legible font and explain your right to cancel. The contract or receipt must be in the same language used in the sales presentation. If you wish to cancel and you did not receive two copies of the cancellation policy, for your records, be sure to copy the signed and dated policy that you are mailing to the company. It is also suggested you send this cancellation by certified mail so you can track it. Companies are then required to refund the customer's money within 10 days of receiving the cancellation. Under this Cooling-Off Rule, it is also against Kansas law for the salespersons or the company to cash your check within this three-day period.

Here are some helpful tips to protect yourself from fraudulent door-to-door sales:

• Never let a salesperson into your home unless you are sure of who they are and why they are there.
• Ask to see their peddler's license, if it is required by your local city or county government.
• Ask for written information on the company and salesperson and take plenty of time to read it and shop around, rather than making a purchasing decision on-the-spot. A legitimate salesperson will be happy to leave their business card and come back if you decide to make a purchase.
• If the salesperson says it is a special deal for "today only," it's probably too good to be true.
• Never pay for door-to-door purchases with cash. When possible, use a credit card, which will allow you to cancel or dispute the charge.

Foreclosure can be a lengthy and difficult process for homeowners. It can be confusing and intimidating talking with lenders and financial institutions, especially if one does not know their rights and options.

Scammers are making the situation worse and taking advantage of people looking for a way out. Know your rights when it comes to the foreclosure process. Use the following information on foreclosure prevention tips, timeline, redemption rights and mortgage modification scams, to educate yourself on the rights and options available when it comes to foreclosure.

Scammers try to take advantage of homeowners behind on their mortgages.

Homeowners should be wary of scams that charge an upfront fee in order to start a mortgage modification program. Such modifications can almost always be done by the mortgage holder themselves or through approved non-profit mortgage counselors for little or no cost. Homeowners often end up paying for work that is completed by the company asking for the money, and, in the worst cases, the homeowners pay for work that isn't completed at all.

The scams are usually initiated over the phone, through mail, or by door-to-door salespersons. Many distressed homeowners dealing with foreclosure or mortgage delinquency have been receiving telemarketer-like phone calls from companies that offer to assist with mortgage modification. The modification programs typically charge between $500 and $1,000, followed by larger charges depending upon the size of the eventual loan modification. Homeowners should avoid paying any upfront fees.

Many of these operations have official-sounding names intended to make homeowners think they are working with of the Obama Administration's "Making Home Affordable" program. Some scams even send documents designed to look like it is from the homeowner's lender. The government and mortgage companies are almost never affiliated with such for-profit loan modification consultants.

These modification scams are essentially charging homeowners thousands of dollars for a paperwork service. These companies may not conduct any negotiations on the homeowner's behalf and do not guarantee any results. They merely ask you to compile the documents that the mortgage company requires for modifications and send them off to the company.

Many mortgage modification companies will advertise that they are affiliated with an attorney or that they are an attorney’s office representing consumers with modifications. Some of these companies are affiliated with attorneys, some are not. However, it is important to confirm that the attorney you are working with is licensed to practice in Kansas.

Homeowners seeking to avoid foreclosures should work with counselors approved by the Department of Housing and Urban Development, which lists these non-profit organizations by state.

Beware of Redemption Rights Scams

Redemption rights allow homeowners to redeem foreclosed property by paying the court for the foreclosed property plus interest and fees. This includes the right to redeem the property from whoever purchased it at the foreclosure sale. Generally, the homeowner has the option to remain in the home at no cost or even rent the home to others until the redemption period has expired. After the sale date, this redemption period lasts for three months if the homeowner has paid less than one third of the principle balance of the loan and twelve months if more than one third of principle balance has been paid. Homeowners may have other redemption rights depending on how much of the home is secured by mortgages. It is important that you talk to an attorney about your rights in redemption if you are not clear on what your rights are.

Be careful, scam artists that want to take advantage of a homeowner in foreclosure often fail to properly inform the homeowners of their redemption rights. After they buy the property at auction, they claim that homeowners must leave their house immediately, which is false.

Homeowners have the option to sell their redemption rights, but it is essential to make sure that they get a fair deal. Often, scam artists will buy these rights for little or no money under the guise of helping the homeowners remain in their home. The scams are usually initiated over the phone, through mail, or by door-to-door salespersons. Homeowners need to be aware that their redemption rights are valuable. Whoever owns these rights is entitled to the overage from the foreclosure sale - the amount paid by the buyer in excess of the outstanding loan balance, along with the interest accrued and any additional fees. Selling someone redemption rights allows them to buy the property at a low value and claim the home's existing equity that would have otherwise gone to the homeowner.

Again, contact an attorney if you are not sure of your rights in foreclosure.

First 30 days

30 days delinquent - notice from mortgage servicer.

60-90 days

60 and/or 90 days delinquent - notice from mortgage servicer.

Mortgage servicer sends file to legal for foreclosure process. File can be sent electronically or by other sources of mail. (60 or 90 days delinquency will depend on the mortgage servicer)

Within 10-20 days

After the attorney receives the file, it generally takes 10-20 days to institute foreclosure action.

Attorney sends 30-day collection letter to request information but does not have to wait 30 days to foreclose.

Next 21-62 days

Attorney then places publication in the newspaper for 3 weeks to catch any parties that may have a claim that are not known or on whom service cannot be attained. Answer date is 41 days from the first date of publication. State related interests, including child support, can attach to the mortgage as well.

20 days from date of service

If served personally, the parties have 20 days from the date of service to file a response.

If no answer is filed, a default judgment may be entered after the answer time has expired.

Within 10-30 days

After/if judgment has been entered, there is a 10 day period before execution and sale. The notice of sale must be published for 3 consecutive weeks and the sheriff's sale must be held between 7-14 days after the last day of publication.

Day of sale

Sheriff's sale occurs. At the sale, taxes are collected if they are delinquent, then the proceeds from the sale go to payment of the judgment.

Redemption period 3-12 months

3 months if less than 1/3 of the first mortgage indebtedness has been paid - 12 months if less than 1/3 of the first mortgage indebtedness is still due and owing. The period for mortgage balances in between is left up to the court to establish. This redemption period will be identified as a journal entry in the petition. The court may set a different redemption period depending on the value of the home verses the amount of the liens.

• During redemption period, the owner can do whatever they want with the property, including stay living at the property or rent it to third parties. However, the lender can terminate the stay of redemption period if illegal activities are happening there.
• If the property is being rented to someone, the notice of sheriff's sale should be sent to the tenant as well as the property owner. Paying and receiving rent has nothing to do with the foreclosure.
• The borrower can sell their redemption rights to others and/or quit claim the property for cash.

After redemption period

At the expiration of the redemption period, a sheriff's deed will be issued to the holder of the certificate or purchase issued to the purchases at the sheriff's sale.

Upon the expiration of the redemption period a writ of assistance may be issued by the court to remove anyone from the property and deliver the same to the purchaser at the sale. Once writ of assistance is issued and served, the house must be vacated. Deficiency judgments are possible, also possible tax implications involved.

• If you are behind on your payments, do not ignore the issue. Look for help as soon as possible by contacting either your lender or a HUD-approved counselor for free assistance. The number to find a HUD counselor near your location is 1-800-569-4287.
• Open all statements, notices and correspondence from your mortgage lender. If a response is required, respond as soon as possible.
• Avoid companies that claim to help with mortgage modification and foreclosure prevention or recovery. These companies often charge large, upfront fees to assist you. Often, the assistance they provide is the same service you can get for free. Contact HUD for a local counselor.
• If you are having difficulty managing your finances, you may wish to explore credit counseling options. For a list of approved credit servicing agencies in Kansas you may visit the Kansas Office of the State Banking Commissioner's website.
• Know your mortgage rights. Review your loan documents so you know what your lender may do if you don't make your payments. Discuss potential legal issues or problems with a qualified attorney.

Term Definitions

Reinstatement or Repayment Plan: A reinstatement or repayment plan might be used for borrowers who have fallen behind on their mortgage payments but are able to subsequently resume making their monthly payments. Under this arrangement, the lender increases the regular monthly payment until the delinquency is repaid.

Partial Mortgage Insurance Advance Claim Payment: This approach might be used if a mortgage insurer is involved (either the Federal Housing Administration or a private mortgage insurer). Under this approach, a one-time payment is made by the mortgage insurer to the lender to cover all or a portion of the default. In these cases the borrower is required to sign an interest free note for the amount of the advance claim payment payable to the insurer of the mortgage.

The repayment of the note is scheduled to coincide with the borrower's ability to pay when they get back on their feet and structured to the individual's circumstance. At the latest, the note is usually due on the sale or transfer of the property. The details on this program may vary among mortgage insurers.

Forbearance Agreement: A repayment plan based on the borrower's financial situation that may include a temporary reduction or suspension of payments for a specific length of time. Often used when the borrower has a reduction in income or increase in expenses that is not expected to be permanent.

Mortgage Modification: A refinancing of the debt and/or extension in the term of the mortgage loan that allows the borrower to catch up by reducing the monthly payments to a more affordable level. Used for borrowers who have recovered from a financial problem and can afford the new payment amount. Modifications could include lowering interest rates, adding payments to the end of the loan term, paying off small amounts of arrearages each month, adding a lump sum payment due at pay-off, or simply lowering payments for a set period of time.

Loan Assumption: An arrangement where a qualified borrower agrees to assume responsibility for repayment of the mortgage.

Pre-foreclosure or Short Sale: This is where a lender can agree to accept the proceeds of a pre-foreclosure sale in satisfaction of the loan even though the proceeds may be less than the amount owned on the mortgage.

Deed-in-Lieu of Foreclosure: The borrower voluntarily deeds the property to the lender in order to avoid a lengthy foreclosure, additional accrued interest, and expenses. Typically used when attempts fail to sell the house prior to foreclosure.

Reverse Mortgage: The borrower must be over the age of 62 and have reasonable equity available to qualify. Counseling by an approved HUD agency is required. Once loan is processed the reverse mortgage pays off the balance owed on the mortgage and the borrower can remain in the home without repaying as long as they remain in the home.

To see if any of these options are available, contact your lender or a HUD approved housing counselor at www.hud.gov.

Whether you are a college student moving into your first apartment or a large family relocating across the country, you should expect and receive fair treatment from the company you hire to move your belongings. Most movers are legitimate and provide quality service, but a few unscrupulous operators do turn up trying to scam consumers.

There are a few warning signs you should look for that could tip you off to a questionable moving company.

• Payment demanded first. If the moving company demands full payment or a very large deposit before starting the job, you run the risk of not seeing your money – or the movers - again.
• No Inspection. Beware of movers who give you an estimate without coming to your home to inspect the items being moved. Often a blind bid sounds too good to be true, and it usually is.
• No local address, license or insurance. A company operating without local facilities or appropriate insurance is most likely not going to provide the level of service or protection you want for your property.
• No Federal Registration. Moving companies are required to obtain and display United States Department of Transportation (USDOT) numbers on all of their commercial vehicles. The company is also required to be registered with the Federal Motor Carrier Safety Administration.
• Rental trucks and no company name. If the moving service has no official company name or operates with generic rental trucks instead of fleet vehicles, the operators will be more difficult to track down if you have complaints after the move.

Always demand a detailed written estimate before agreeing to any services or payment. At the time your mover provides a written estimate, the company is required by federal law to provide you with a copy of the U.S. Department of Transportation publication titled "Ready to Move?." Before your mover finalizes the order for service and shipment of household goods, your mover must also furnish you with the following four documents:

1. "Your Rights and Responsibilities When You Move" - a federally produced booklet.
2. A concise, easy-to-read, accurate summary of your mover's arbitration program.
3. A notice of availability of the applicable sections of your mover's tariff for the estimate of charges, including an explanation that you may examine the tariff sections, or have copies sent to you upon request.
4. A concise, easy-to-read, accurate summary of your mover's customer complaint and inquiry handling procedures, Including the mover's main phone number and contact information.

For more information, visit the U.S. Department of Transportation's website at www.ProtectYourMove.gov.

Register for the Mail Preference Service

To receive less national advertising mail, you can register for the Direct Marketing Association's (DMA's) Mail Preference Service (MPS) and Electronic Mail Preference Service (e-MPS). The DMA is a private marketing association that requires its members to use their name-removal service, and encourages all direct mail companies to use the list.

To remove your name and email from marketing lists instantly online, visit: www.dmachoice.org.

You may also send a letter requesting your name and email removal to:

DMAchoice
Direct Marketing Association
PO Box 900
Cos Cob, CT 06807

If submitting your request by mail, please include $3 for each address – check or money order payable to the DMA. Do not send cash.

Please allow 60 - 90 days after registration to begin receiving less mail. Your name and address will remain on DMAchoice for three years.

Please Note: Although you will see a great reduction in the unsolicited mail you receive, not all commercial mail will stop. You may continue to receive mail from companies with which you already do business, or companies that do not use MPS or e-MPS to clean their lists. Also, MPS only applies to home addresses, not business addresses.

Opting Out of Pre-Screened Credit Solicitations

Can I reduce the number of unsolicited credit and insurance offers I get?

If you decide that you don't want to receive prescreened offers of credit and insurance, you have two choices: You can opt out of receiving them for five years or opt out of receiving them permanently. Call toll-free 1-888-5-OPTOUT (1-888-567-8688) or visit www.optoutprescreen.com for details.

When you call or visit the website, you'll be asked to provide certain personal information, including your home telephone number, name, Social Security number, and date of birth. The information you provide is confidential and will be used only to process your request to opt out.

Does opting out hurt my credit score?

Removing your name from prescreened lists has no effect on your ability to apply for or obtain credit or insurance.

What if I opt out and then change my mind?

You can use the same toll-free telephone number or website to opt back in.

Will calling 1-888-5-OPTOUT or visiting www.optoutprescreen.com stop all unsolicited offers of credit and insurance?

No. Calling the opt-out line or visiting the website will stop the prescreened solicitations that are based on lists from the major consumer reporting companies. You may continue to get solicitations for credit and insurance based on lists from other sources. To stop mail from other groups – as well as mail addressed to "occupant" or "resident" – you must contact each source directly.

New Privacy Regulations

The Federal Consumer Financial Protection Bureau (CFPB) was created through enactment of the Dodd-Frank Act on July 21, 2010. Business regulated under Dodd-Frank will have to develop and give notice of their privacy policies to their customers at least annually and notify consumers before disclosing a consumer's personal financial information to an unaffiliated third party. CFPB regulations will provide an opportunity for consumers to "opt out" from such "third-party" disclosure.

When buying a new or used car, it is important to get all promises and representations in writing. Consumers should never buy a car on impulse or in response to high pressure sales.

Do your homework

• Ask the dealer for a title history, Carfax®, or e-autohistory.com.
• If you learn the name of a prior owner call and inquire about the car.
• Have the vehicle inspected.
• Ask about and check for prior damage or mechanical problems.
• Ask friends and family when selecting a reputable dealership.
• Carefully examine the vehicle for prior damage.
• Carefully examine extended warranties and the costs associated with them. Remember they are optional, not mandatory.
• Inspect the vehicle to determine actual mileage.

Special tips for buying a used car

• Check out the car's repair record, maintenance costs, and safety and mileage ratings in consumer magazines or online. Look up the "book" value, and be prepared to negotiate the price.
• Buying from a dealer? Look for the Buyers Guide. It's required by a federal regulation called the Used Car Rule.
• Make sure all oral promises are written into the Buyers Guide.
• Ask for the car's maintenance record from the owner, dealer, or repair shop.
• Test drive the car on hills, highways, and in stop-and-go traffic.
• Have the car inspected by a mechanic you hire.
• In Kansas, "as is" sales of vehicles to a consumer are prohibited by law absent an agreement showing the vehicle was sold to the consumer with their knowledge of a defect or defects which became part of the basis of the bargain between the parties. (This is a limited exception to 'as is' sales under K.S.A. 50-639(c).)

The Kansas Lemon Law applies to the purchase or lease of new motor vehicles under 12,000 lbs. It also provides a procedure to follow and a remedy if a Kansas Consumer’s vehicle qualifies as a lemon under the law. It does not apply to used cars.

The Kansas Lemon Law provides that after a certain number of repairs have been unsuccessfully attempted, during a finite period, or the vehicle is out of service for a certain number of days, also during a given period, then the vehicle might be presumed to be a lemon. If so, the manufacturer has a duty to replace or repurchase the vehicle, less a reasonable value for use.

The Kansas Lemon law contains very specific definitions and time periods. Therefore, if a Kansas Consumer suspects that he or she might have a lemon vehicle that consumer should either file a complaint with the Kansas Attorney General’s Office or contact a private attorney as early in the process as possible.

What determines the price of gas?

Gasoline is a supply and demand commodity. This means that the more people want and use it, the more it costs. Gas prices vary across cities and states for various reasons. A number of factors affect the retail price of gasoline, including increased international demand, access to supply and transportation costs, urban or rural location, the number of stations in an area, the average volume pumped, federal and state taxes, and concentration of oil companies and the presence of independent marketers. Maintenance or closure of fuel-producing refineries can also increase gas prices. A common reason for such closures and maintenance requirements is natural disasters that interfere with refinery operations.

What is price gouging?

There are two types of price gouging recognized in Kansas: unconscionable price gouging and profiteering from disaster. Unconscionable price gouging occurs when a consumer is charged a substantially higher price for an item or service that is readily available to that consumer for a much lower price. There is no bright line rule for when a price is excessive; however, the Kansas Consumer Protection Act indicates the price must "grossly exceed" prices charged in similar transactions. Merely charging higher prices than competitors is not illegal.

Disaster price gouging only occurs during or after a disaster. A disaster includes severe storm, tornado, earthquake, flood, or any extraordinary act. Typically, in a disaster, the President of the United States or the Kansas Governor will declare a state of emergency. Kansas law prohibits unjustifiably increasing the price of any necessary property or service, including gasoline, during a time of disaster.

What can the Attorney General do about rising gas prices?

The Attorney General's Office will investigate any instance of price gouging reported by Kansas consumers and prosecute those businesses found to be in violation of the law. There are factors affecting gas prices that are beyond the authority of the Kansas Attorney General, including federal and state regulation by other agencies. However, the Attorney General can act to ensure competition in the market, in instances including collusion, price-fixing and illegal price gouging.

What can I do about rising gas prices?

If you believe you have witnessed price gouging in Kansas, please contact the Attorney General's Consumer Protection Division at 785-296-3751 or 1-800-432-2310 or fill out a consumer complaint online.

The fuel industry is regulated at the federal level. We encourage all consumers to contact their U.S. Representative and Senators to express their concerns and opinions about rising gas prices.

Tips for increasing fuel economy

• Plan your day to combine trips and eliminate unnecessary driving
• Drive cars with higher fuel efficiency (miles per gallon) whenever possible
• Carpool and share rides with family, friends and coworkers
• Use public transportation, walk or bike instead of driving whenever possible
• Check and replace your car air filter regularly
• Keep your tires properly inflated
• Use the recommended grade of gasoline and motor oil
• Observe the speed limit
• Avoid excessive acceleration or idling
• Use cruise control or overdrive gear
• Don't "top off" when re-fueling