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NC H654

Bill

Status

Engrossed

6/2/2011

Primary Sponsor

Darrell McCormick

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Modifies definition of "covered lease agreement" to clarify that rental payments must be applied toward the purchase price of the property in lease-purchase transactions.

  • Amends option fee provisions to specify that option payments applied at closing do not constitute equity and do not create equitable redemption rights.

  • Increases maximum late fee on contracts for deed from 4% to 5% of past-due payments, with late fees only applicable to payments more than 15 days overdue.

  • Replaces detailed property condition disclosures in contracts for deed with requirement to provide a completed residential property disclosure statement under Chapter 47E.

  • Changes foreclosure rescue transaction definition to trigger protections when a notice of default is filed (rather than when owner is 60+ days delinquent) and clarifies that lease-purchase agreements qualify as protected interests.

  • Exempts individual homeowners selling their primary residences directly from liability under unfair trade practice laws in both lease-purchase and contract for deed transactions.

  • Effective October 1, 2011 for transactions entered on or after that date.

Legislative Description

Homeowner/Homebuyer Protection Act

Last Action

Ref To Com On Commerce

6/6/2011

Committee Referrals

Commerce6/6/2011
Commerce and Job Development4/7/2011

Full Bill Text

No bill text available