Bill

Bill > SB579


MD SB579

Residential Property - Service Agreements - Prohibitions


summary

Introduced
02/06/2023
In Committee
04/05/2023
Crossed Over
03/17/2023
Passed
04/07/2023
Dead
Signed/Enacted/Adopted
05/08/2023

Introduced Session

2023 Regular Session

Bill Summary

AN ACT concerning Residential Property - Exclusive Listing Agreements - Limit on Duration Service Agreements - Prohibitions FOR the purpose of prohibiting an exclusive listing agreement for the sale of residential property from being effective for more than 1 year; requiring the State Real Estate Commission to include an assessment of the use of exclusive listing agreements in a certain annual report; and generally relating to exclusive listing agreements certain service agreements for the maintenance, purchase, or sale of residential property from containing certain provisions; prohibiting the recordation of service agreements prohibited under this Act; and generally relating to residential property and service agreements. BY adding to Article - Real Property Section 10-803 14-801 through 14-809 to be under the new subtitle “Subtitle 8. Residential Property Service Agreements” Annotated Code of Maryland (2015 Replacement Volume and 2022 Supplement) BY repealing and reenacting, without amendments, Article - Business Occupations and Professions Section 17-101(a), (d), (l), and (n) Annotated Code of Maryland (2018 Replacement Volume and 2022 Supplement) BY repealing and reenacting, with amendments, Article - Business Occupations and Professions Section 17-210 Annotated Code of Maryland (2018 Replacement Volume and 2022 Supplement) BY repealing and reenacting, with amendments, Article - Commercial Law Section 13-301(14)(xxxv) Annotated Code of Maryland (2013 Replacement Volume and 2022 Supplement) BY repealing and reenacting, without amendments, Article - Commercial Law Section 13-301(14)(xxxvi) Annotated Code of Maryland (2013 Replacement Volume and 2022 Supplement) BY adding to Article - Commercial Law Section 13-301(14)(xxxvii) Annotated Code of Maryland (2013 Replacement Volume and 2022 Supplement)

AI Summary

This bill prohibits certain "service agreements" for the maintenance, purchase, or sale of residential property from containing provisions that would run with the land, create liens or encumbrances, or allow assignment without notice or consent. It limits the duration of such service agreements to no more than 1 year. The bill also makes violations of these provisions an unfair, abusive, or deceptive trade practice, subject to enforcement and penalties under the state's consumer protection laws. Additionally, the bill prohibits the recordation of service agreements that violate these provisions and allows individuals with an interest in the property to seek to have such agreements declared void and unenforceable.

Committee Categories

Budget and Finance, Justice, Transportation and Infrastructure

Sponsors (1)

Last Action

Approved by the Governor - Chapter 525 (on 05/08/2023)

bill text


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