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Bill > HB1243


VA HB1243

VA HB1243
Unfair Real Estate Service Agreement Act; created, consumer protections.


summary

Introduced
01/10/2024
In Committee
02/21/2024
Crossed Over
02/09/2024
Passed
02/29/2024
Dead
Signed/Enacted/Adopted
04/02/2024

Introduced Session

2024 Regular Session

Bill Summary

Consumer protection; creation of Unfair Real Estate Service Agreement Act. Creates the Unfair Real Estate Service Agreement Act and adds any violations of the Act to the list of prohibited violations of relevant consumer protection laws in the Commonwealth. The bill prohibits any real estate service agreement, defined in the bill, that is effective and binding for more than one year from its effective date from (i) purporting to run with the land or bind future owners of interests in the residential real property identified in the service agreement; (ii) allowing the service provider to assign or transfer the right to provide services under the service agreement without notice to and written agreement of all parties to the service agreement; or (iii) purporting to create a lien, encumbrance, or other real property security interest on the residential real property identified in the service agreement.

AI Summary

This bill creates the Unfair Real Estate Service Agreement Act, which prohibits any real estate service agreement that is effective and binding for more than one year from: (1) purporting to run with the land or bind future owners; (2) allowing the service provider to assign or transfer the right to provide services without notice and written agreement of all parties; or (3) purporting to create a lien, encumbrance, or other real property security interest. Violations of the Act are subject to the Virginia Consumer Protection Act. The bill also prohibits the recording of any such prohibited real estate service agreement and provides remedies for persons with an interest in the residential real property subject to the agreement. The provisions of the bill generally apply to service agreements executed or renewed on or after July 1, 2024, except for the assignment prohibition which applies to agreements recorded prior to that date.

Committee Categories

Business and Industry, Justice

Sponsors (2)

Last Action

Governor: Acts of Assembly Chapter text (CHAP0328) (on 04/02/2024)

bill text


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