Bill > SB164

This bill establishes new regulations for service agreements in residential real estate transactions, defining unfair service agreements as those that: extend beyond two years, attempt to bind future property owners, allow assignment without owner consent, or create liens or encumbrances. The bill specifically prohibits recording such agreements and provides legal remedies for homeowners. Service agreements are defined as contracts for maintenance or sale-related services for properties with 1-4 residential units. The legislation includes several important exceptions, such as home warranties, insurance contracts, and utility service agreements. Violations of this law are considered unfair or deceptive practices, and individuals who record an unfair service agreement can be charged with a Class A misdemeanor. Homeowners can seek court orders to declare such agreements unenforceable and potentially recover damages, costs, and attorney's fees. County registrars of deeds are given the authority to refuse recording of these agreements, and recorded unfair service agreements will not serve as notice to legitimate purchasers or creditors. The bill is set to take effect on January 1, 2026, and aims to protect homeowners from potentially exploitative long-term service contracts that could negatively impact property ownership and transferability.

Business and Industry, Housing and Urban Affairs

https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=627&sy=2025&sortoption=&txtsessionyear=2025&txtbillnumber=SB164