(A)A real estate service agreement is unfair, void, and in violation of this chapter if the agreement is to be in effect for more than one year and either expressly or implicitly aims to do any of the following:
(1)run with the land or bind future owners of residential real estate identified in the real estate service agreement;
(2)allow for the assignment of the right to provide services without notice or consent of the owner or buyer; or (3) create a lien, encumbrance, or other real property security interest.
(B)A service provider has no right to a refund of the consideration paid to the owner or buyer in connection with an unfair real estate service agreement.
(C)This chapter does not apply to the following types of agreements:
(1)a home warranty or other type of similar product
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(A) A real estate service agreement is unfair, void, and in violation of this chapter if the agreement is to be in effect for more than one year and either expressly or implicitly aims to do any of the following: (1) run with the land or bind future owners of residential real estate identified in the real estate service agreement; (2) allow for the assignment of the right to provide services without notice or consent of the owner or buyer; or (3) create a lien, encumbrance, or other real property security interest. (B) A service provider has no right to a refund of the consideration paid to the owner or buyer in connection with an unfair real estate service agreement. (C) This chapter does not apply to the following types of agreements: (1) a home warranty or other type of similar product that covers the cost of maintenance of a major housing system, such as plumbing or electrical wiring, for a set period of time from the date a house is sold; (2) an insurance contract; (3) an option to purchase contract executed with a lease agreement or a contract for a deed; (4) a declaration created pursuant to Chapters 30 (Homeowner Association Act), 31 (Horizontal Property Act), and 32 (Vacation Time Share Plan) of this title or created pursuant to Chapter 31 of Title 33 (Nonprofit Corporation Act); (5) a maintenance or repair agreement entered into by a homeowners association in a common interest community; (6) a security agreement under Title 36 (the Uniform Commercial Code) relating to the sale or rental of personal property or fixtures; (7) the provision of water, sewer, electrical, telephone, cable, natural gas, propane, fuel oil, or other regulated utility service; (8) a property management contract; or (9) any actions regarding mechanics', laborers', or materialmen's liens or commercial real estate broker liens.