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NC S344
Bill
AI Summary
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Prohibits Real Estate Service Agreements for residential property that are effective and binding for more than one year and either run with the land, bind future owners, allow assignment without owner consent, or create liens or encumbrances.
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Declares unfair real estate service agreements void, unenforceable, and ineligible for recording; registers of deeds may refuse recordation and recorded agreements provide no actual or constructive notice.
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Recording an unfair agreement violates the law against fraudulent documents and constitutes an unfair or deceptive trade practice; any party with interest in the property may recover damages, costs, and attorney's fees.
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Exempts home warranties, insurance contracts, homeowners' association agreements, utility services, property management contracts, and certain liens from the prohibition.
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Takes effect upon enactment and applies to agreements executed, modified, extended, or amended on or after the effective date.
Legislative Description
Unfair Real Estate Agreements Act
Commerce; Consumer Protection; Contracts; Corporations
Last Action
Ref To Com On Rules and Operations of the Senate
3/22/2023