Bill > H0158

This bill adds a new chapter to Idaho's existing laws to establish the Prohibition of Unfair Service Agreements Act. The key provisions of the bill include: 1. Defining "unfair service agreements" as those that grant an exclusive right to a service provider for more than one year, run with the land, allow for assignment without notice/consent, or are recorded as a lien or encumbrance on the property. 2. Prohibiting the recording of unfair service agreements and providing county recorders immunity for refusing to record such agreements. 3. Declaring unfair service agreements unenforceable and a violation of the Idaho Consumer Protection Act, with any waiver of consumer rights being void. 4. Considering the solicitation of unfair service agreements an unfair method of competition and unfair/deceptive practice under the Idaho Consumer Protection Act. 5. Granting the Attorney General and district courts the authority to enforce and carry out the provisions of this new chapter. 6. Allowing consumers or property owners to bring civil actions to declare an agreement unenforceable and recover damages, costs, and attorney's fees. The bill aims to protect consumers from certain types of long-term, restrictive service agreements related to residential real estate transactions.

Business and Industry

Ways and Means Committee (House)

https://legislature.idaho.gov/sessioninfo/2023/legislation/H0158/