Who has never found themselves in the situation of having to call a professional to carry out emergency repairs or small jobs at home? A situation that is not uncommon unless you are a very good handyman and have good skills in many areas such as locksmithing, plumbing, electricity, etc.
In this case, and especially if you do not know of tradesmen or specialist companies available quickly in case of need for repairs, especially in the evening or on weekends, the easiest way is to look for professionals specialized in repairs and small jobs at home on the Internet, in the yellow pages directory, or among those who have left their advertising brochure in your mailbox. Unfortunately, and as the National Consumer Institute (INC) points out, scams are not uncommon in this area. Overview of the obligations that these professionals must respect to avoid being confronted with unscrupulous practices.
A door that no longer opens, a water leak, a clogged toilet, a roller shutter that no longer closes, etc., so many situations that most often require emergency repairs at home.
Unfortunately, in the face of the essential and rapid repairs required by these problems, certain craftsmen or specialized companies in the construction and household equipment sector do not hesitate to resort to fraudulent practices such as, for example, failure to meet the required qualifications. , consumer information, illegal sales practices, or even prohibitive prices. According to a study conducted in 2019 on home repairs by the Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF), 64% of checks carried out by their services found unfair practices.
First of all, beware of companies or professionals you have come to know about through advertising leaflets that do not contain information that is mandatory by law (name, company name and address of the company; registration number in the commercial register or in the directory of trades; hourly labor rates including all taxes or unit prices of services; travel expenses; chargeable nature of an estimate). In the same way, all advertisements that attempt to imitate or use the image, contact details, guarantee or any other reference to a public service, are to be avoided.
Then, before concluding an agreement for a breakdown service at your home, you should know that these professionals are bound by an obligation to inform the consumer defined in articles L.112-1 and L. 112-3 of the Consumer Code . They are thus obliged to provide you, before carrying out their intervention, their hourly rate of labor all taxes included (TTC) or the lump sum of their service, the estimate of the time expected for the repair , and whether or not they charge you for their quote. The craftsman or company you have called must also inform you of any travel costs or the price including VAT of the parts that will be used.
In the same way, a repairman who comes to your home must tell you by any means (on paper or otherwise) his precise contact details and his contractual conditions.
Once you have all this information in hand, it is up to you to choose whether or not to use the convenience store. Be careful, however, because engaging with a professional who works at your home does not in all cases give you the power to invoke your 14-day right of withdrawal if you change your mind. Indeed, this right of withdrawal does not apply to “maintenance or repair work envisaged urgently or at his home and expressly requested by him (the consumer) within the limit of spare parts and work strictly necessary to respond to the emergency “, as indicated by the DGCCRF. On the other hand, this right can be triggered if, for example, the professional has offered to perform services in addition to your initial repair. In this case, it is preferable that you take the time to think about the need for this additional work.
When the repair at home has been carried out and, before its payment, the service provider has the obligation to give you an invoice for any amount greater than 25 euros including tax.
Home work means repair, maintenance and emergency repair work (which is the subject of particular vigilance as we have seen before), construction, creation or improvement of housing in the sectors of masonry, sweeping, insulation, carpentry, locksmithing, roofing, plumbing, plastering, painting, glazing, sanitary installation, waterproofing, wall and floor covering and electrical installation.
As with home repairs, you should be wary when looking for professionals to do work on your home. Only, in this case, most often, you have more time to find a craftsman or a company. This is why it is strongly advised to contact at least 2 or 3 professionals to be able to compare their proposals, and seek serious companies from the Chambers of Trades or professional unions, for example.
In all cases, the building professional must, before his intervention, send you in writing the price of his services in advance (hourly rate of labor including tax, expected time, travel expenses, paid estimate, etc. .), as well as a document detailing precisely the quality and quantity of the materials necessary for the work, their price, or the necessary labor.
Before any service, he must also give you a dated estimate including in particular the name and address of the company, your name, the place of performance and the exact nature of the work to be carried out; the detailed breakdown, in quantity and price, of each service and product required; the total sum to be paid excluding taxes and all taxes included, specifying the VAT rate; as well as the validity period of its offer.
As with home repairs, any service whose amount is greater than 25 euros including tax must be invoiced before your payment.
Be aware that a home repairman can be punished by law (fine of 375,000 euros and possibly a prison sentence) if he takes advantage of the emergency situation and abuses the consumer's vulnerability due to his advanced age. or its ignorance.
In any case, if you notice a problem related to the execution of the works or their price and you disagree with the craftsman or the company which intervened in your home, you have different means to help you. to settle this dispute before having to go to court.
You can thus contact the Directorate General for Competition, Consumer Affairs and Fraud Prevention via its signal.conso platform, a conciliator (present in the district courts) to try to resolve this dispute amicably, or consumer associations.
