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ID H0158

Bill

Status

Introduced

2/16/2023

Primary Sponsor

Ways and Means Committee

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Business2/17/2023

Full Bill Text

No bill text available