Home Improvement Fraud Attorneys - Barnes & Fersten
Experienced Criminal Defense Attorneys In Tennessee
Charged with Home Improvement Fraud in Tennesssee?
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Defending Against Home Improvement Fraud Charges In Tennessee
Have you been charged with home improvement fraud in Tennessee?
This is a serious criminal allegation that can carry severe consequences. If convicted, you could face jail time, lengthy probation, and significant financial penalties—including the possibility of being ordered to pay back thousands of dollars in restitution. Beyond the immediate legal penalties, a conviction can damage your reputation, your business, and your ability to earn a living in the construction or home improvement industry.
Fortunately, being charged does not mean you are guilty. Home improvement fraud cases are often complex, involving disputes over contracts, payment timelines, project expectations, and communication between the contractor and the homeowner. As discussed below, an experienced defense attorney knows what to look for in these types of cases to help you avoid a conviction.
Under Tennessee Law, TCA 39-14-154 (Home Improvement Fraud) criminalizes activity when the State can show that a “new home construction contractor” or “home improvement services provider,” with intent to defraud:
(b)(1) Fails to refund amounts paid under a new home construction contract or a contract for home improvement services within ten (10) days; or
(b)(2) Deviates from or disregards plans or specifications in any material respect.
However, while the law might seem to be straightforward, there are many circumstances the State must prove before they can convict you.
First, under subsection (b)(1), there must have been: acceptance of a written request for a refund either hand delivered or mailed certified mail return receipt attached; 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 the return of the certified mail to the home buyer or residential owner indicating that the addressee is unknown at the address or something indicating there is no current known address by the US postal service.
Ultimately, the State must show that there was a formal written request for a refund, that the alleged suspect had notice of that request by way of very specific service or the alleged victim tried to provide notice, and that more than ten (10) days had passed since the formal refund request was made.
Second, under subsection (b)(1) the State is required to show: 1) no “substantial portion” of the new home construction or work has been performed, 2) that more than 90 days has passed since the start date of the contract, and 3) a copy of the written refund request was sent to the consumer protection division of the officer of the Attorney General. These specific requirements are why an experience defense attorney is so valuable in these of cases. Who decides what a substantial portion is? Is it based on value of contract? Is it based on amount of work done and materials bought? All of this is a glimpse into the complexity of the 1st part of this law.
Continuing, under subsection (b)(2), the State must show a “material deviation” from what was originally agreed upon in the contract. But that is not enough, because there could be a defense if there is proof that there was written consent for the deviation or that the value of the contract was not less than initially expected.
Like we said earlier, while this law can seem straight forward, you need an experienced attorney to assist you when charged. The Home Improvement Fraud statue is charged in the same way as theft, meaning that the classification of the charge, whether a misdemeanor or felony, depends on the amount of the money owed back or loss by the alleged victim.
The best criminal defense attorney in Knoxville to represent you on this charge will want to know about the license you possess to enter into the contracts and/or provide the services, the specific details of the contract for work to be done, any communications between you and the alleged victim, any documentation showing a refund was requested, and many other variables.
Why Choose Barnes & Fersten for Your Home Improvement Fraud Defense
✅ Proven Experience in Tennessee Fraud and Contractor Law
Our attorneys understand the nuances of Tennessee’s home improvement fraud statute—and how it often intersects with contract disputes, licensing issues, and civil misunderstandings. We know how prosecutors build these cases and where they frequently overreach.
✅ East Tennessee’s Most Trusted Criminal Defense Team
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With over 250 5-star reviews, our firm is known for prioritizing client experience and delivering real results. We don’t just fight criminal charges—we guide you through every step, ensuring clear communication and a personalized defense strategy tailored to your unique situation.
✅ Local Experience That Makes a Difference
We have experience defending clients in Blount County, Knox County, Loudon County, Sevier County, and all throughout East Tennessee. Our law firm’s local knowledge can make a real difference in the outcome of your case.
Take Charge Of Your Defense – Contact Us Today!
Don’t let a complex case be the reason your livelihood is impacted forever. If you’ve been charged with home improvement fraud in Tennessee, you don’t have to face it alone. These cases can be won with the right defense, and the sooner you get experienced legal counsel involved, the better your chances of protecting your rights and your future. At Barnes & Fersten, we’ve helped countless individuals across East Tennessee fight these charges—often getting them reduced, dismissed, or resolved without a conviction. We’re ready to put that experience to work for you.
📞 Call 865-805-5703 today to get started.
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