Idaho § 48-2003 CHARACTERISTICS OF UNFAIR SERVICE AGREEMENTS

Idaho Statutes

§ 48-2003 — CHARACTERISTICS OF UNFAIR SERVICE AGREEMENTS

Idaho § 48-2003

Title 48MONOPOLIES AND TRADE PRACTICES

Ch. 20PROHIBITION OF UNFAIR SERVICE AGREEMENTS ACT

This text of Idaho § 48-2003 (CHARACTERISTICS OF UNFAIR SERVICE AGREEMENTS) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 48-2003 (2026).

Text

(1)A service agreement is unfair pursuant to this chapter if any part of the agreement provides an exclusive right to a service provider for a term in excess of one (1) year after the time it is entered into and has any of the following characteristics:

(a)The service agreement purports to run with the land or to be binding on future owners of interests in the real property;

(b)The service agreement allows for assignment of the right to provide service without notice to and consent of the owner of residential real property; or

(c)The service agreement is recorded or purports to create a lien, encumbrance, or other real property security interest.

(2)The following are not unfair service agreements pursuant to this chapter:

(a)A home warranty or similar product that covers the cost of

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(1) A service agreement is unfair pursuant to this chapter if any part of the agreement provides an exclusive right to a service provider for a term in excess of one (1) year after the time it is entered into and has any of the following characteristics:
(a) The service agreement purports to run with the land or to be binding on future owners of interests in the real property;
(b) The service agreement allows for assignment of the right to provide service without notice to and consent of the owner of residential real property; or
(c) The service agreement is recorded or purports to create a lien, encumbrance, or other real property security interest.
(2) The following are not unfair service agreements pursuant to this chapter:
(a) A home warranty or similar product that covers the cost of maintenance of a major home system or appliance for a fixed period;
(b) An insurance contract;
(c) A mortgage loan or a commitment to make or receive a mortgage loan;
(d) An option or right of refusal to purchase the residential real property;
(e) A declaration of any covenants, conditions, or restrictions created in the formation of a homeowners association, a group of condominium owners, or other common interest community or an amendment thereto;
(f) A maintenance or service agreement entered by a homeowners association in a common interest community;
(g) A security agreement governed by Idaho’s uniform commercial code relating to the sale or rental of personal property or fixtures;
(h) A contract with a gas, water, sewer, electrical, telephone, cable, or other utility service provider; or
(i) A contract for the provision of water to real property for domestic, irrigation, or other purposes.
(3) This chapter does not impair any lien right granted pursuant to Idaho Code or judicially imposed.