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ID H0158
Bill
Status
2/16/2023
Primary Sponsor
Ways and Means Committee
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AI Summary
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Creates the "Prohibition of Unfair Service Agreements Act" establishing that service agreements for residential real property (1-4 dwelling units) with exclusive terms exceeding one year are unfair if they run with the land, allow assignment without owner consent, or are recorded/create liens.
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Prohibits county recorders from recording unfair service agreements and provides immunity from liability; recorded unfair agreements do not create liens or provide constructive notice to third parties or creditors.
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Declares unfair service agreements unenforceable, null, and void of all consumer rights including jury trial waivers; soliciting such agreements constitutes unfair competition and deceptive practices under the Idaho Consumer Protection Act.
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Allows consumers or property owners to sue in district court for declaratory judgment, damages, costs, and attorney's fees; judgments can be recorded against the property; private actions must be brought within two years after agreement expiration.
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Exempts home warranties, insurance contracts, mortgages, options to purchase, homeowner association documents, utility contracts, and water service contracts from the unfair agreement prohibitions; effective July 1, 2023.
Legislative Description
Adds to existing law to establish the Unfair Service Agreements Act.
UNFAIR SERVICE AGREEMENTS ACT
Last Action
Reported Printed and Referred to Business
2/17/2023