Bill > H0238

This bill adds a new chapter to existing Idaho law to establish the Prohibition of Unfair Service Agreements Act. The key provisions of the bill are: 1. It defines "unfair service agreements" as those that provide an exclusive right to a service provider for more than one year and have certain characteristics, such as purporting to run with the land or allowing for assignment of the right to provide service without the owner's consent. 2. It prohibits the recording of unfair service agreements by county recorders and states that such agreements, if recorded, will not create a lien or provide constructive notice. 3. It declares that unfair service agreements are unenforceable, do not create contractual obligations, and attempting to enforce them is a violation of the Idaho Consumer Protection Act. 4. It prohibits the solicitation of unfair service agreements, which is deemed an unfair method of competition and an unfair or deceptive act under the Idaho Consumer Protection Act. 5. It grants the Attorney General and district courts the authority to enforce the provisions of the Act, and it provides remedies for consumers and property owners, including the ability to seek a declaratory judgment and recover damages, costs, and attorney's fees. The bill aims to address unfair contractual terms in service agreements related to the maintenance, purchase, or sale of residential real property in Idaho.

Business and Industry

Ways and Means Committee (House)

https://legislature.idaho.gov/sessioninfo/2023/legislation/H0238/