§ 34-50-2. Unfair service agreements.
(a) A service agreement is unfair under this chapter if any part of the service subject
to the agreement is not to be performed within one year after the time it is entered
into and has any of the following characteristics:
(1) The service agreement purports to run with the land or to be binding on future owners
of interests in the real property; or
(2) The service agreement allows for assignment of the right to provide service without
notice to and consent of the owner of residential real estate; or
(3) The service agreement purports to create a lien, encumbrance, or other real property
security interest.
(b) This chapter does not apply to:
(1) A home warranty or similar product that covers the cost of maintenance of a major
home system (for example, plumbing, HVAC or electrical wiring) for a fixed period;
or
(2) An insurance contract; or
(3) An option or right of refusal to purchase the residential real estate; or
(4) A declaration created in the formation of a common interest community or an amendment
thereto; or
(5) A maintenance or repair agreement entered by a homeowners' association in a common
interest community; or
(6) A mortgage loan or a commitment to make or receive a mortgage loan; or
(7) A security agreement under the UCC relating to the sale or rental of personal property
or fixtures; or
(8) Water, sewer, electrical, telephone, cable, or other regulated utility service providers;
or
(9) A monitoring services agreement associated with any unit or development qualifying
as low- or moderate-income housing governed by chapter 53 of title 45 ("low and moderate income housing�).
(c) This statute does not impair the rights granted by the mechanics lien statute of this
state, chapter 28 of this title.