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NC S344

Bill

Status

Introduced

3/21/2023

Primary Sponsor

Joyce Krawiec

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Exempts home warranties, insurance contracts, homeowners' association agreements, utility services, property management contracts, and certain liens from the prohibition.

  • 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

Committee Referrals

Rules and Operations of the Senate3/22/2023

Full Bill Text

No bill text available