May 29, 2002
Sean Caine, 410-576-6357
PROTECTION DIVISION ORDERS $100,000 PENALTY AGAINST UNREGISTERED
BUILDER, AND RESTITUTION FOR UNCOMPLETED HOME
General J. Joseph Curran, Jr. announced today that his Consumer
Protection Division has ordered Chad S. Wilby of Brandywine, Maryland,
to cease acting as a home builder. The Division fined Wilby $100,000
and ordered him to pay restitution for taking money from a consumer
and then failing to build the house he promised.
Division found that Wilby violated the Maryland Consumer Protection
Act by taking $31,000 from a widowed senior citizen for construction
of a home in Oxon Hill, Maryland, but not building the house as
promised. The Division also found that Wilby violated the Maryland
Custom Home Protection Act by failing to place the consumer's $31,000
payments into an escrow account or having a surety bond to cover
the deposit, and that Wilby violated Maryland's Home Builder Registration
Act by acting as a home builder without being registered with the
Home Builder Registration Unit of the Consumer Protection Division.
Maryland law, home builders must be registered before they can offer
to build homes for consumers, and they must protect a customer's
deposit with an escrow account, bond or letter of credit,"
said Attorney General Curran. "Mr. Wilby violated those laws,
and will have to make restitution to consumers he harmed."
order requires Wilby to pay the Division all money he has received
as a home builder since January 1, 2001. The order also requires
Wilby to pay a civil penalty of $100,000 and the costs of the investigation,
and prohibits Wilby from acting as a home builder in Maryland. From
that money, the Division will repay the Oxon Hill consumer the $31,000
she paid to Wilby for the home he never built.
consumers who paid Wilby money to build homes since January 1, 2001
are entitled to restitution, due to the fact that Wilby was not
a registered home builder. Any consumer who paid Wilby any money
since January 1, 2001 should contact the Home Builder Registration
Unit at 410-576-6573.