ID H0238

Creates the "Prohibition of Unfair Service Agreements Act" as a new chapter in Idaho Code, establishing that service agreements for residential real property with exclusive terms exceeding one year are unfair if they run with the land, allow assignment without owner consent, or create recorded liens or encumbrances.

Prohibits recording of unfair service agreements with county recorders and provides county recorders immunity from liability if they inadvertently record such agreements; recorded unfair agreements create no lien or constructive notice.

Declares unfair service agreements unenforceable, void of contractual obligation, and makes attempting to enforce them a violation of the Idaho Consumer Protection Act; voids any waiver of consumer rights including jury trial rights.

Makes solicitation of unfair service agreements an unfair method of competition and deceptive practice under the Idaho Consumer Protection Act, enforceable by the Attorney General and district courts with non-exclusive authority.

Allows consumers and property owners to sue in district court for declaratory judgment that agreements are unenforceable and recover damages, costs, and attorney's fees; establishes a two-year statute of limitations from agreement expiration; effective July 1, 2023.