This bill introduces a new section to RSA 356-A, specifically addressing unfair service agreements in residential real estate transactions. It defines a "service agreement" as a contract for services related to the maintenance, purchase, or sale of residential real estate, which is defined as properties with one to four dwelling units. The bill outlines specific characteristics that make a service agreement unfair, such as agreements that are not to be performed within two years, run with the land, allow for assignment without consent, or create a lien on the property. The bill also specifies that certain agreements, such as home warranties, insurance contracts, and utility services, are exempt from this definition.
Additionally, the bill prohibits the recording of unfair service agreements and establishes penalties for violations, including classifying the act of recording such agreements as a Class A misdemeanor. It allows affected individuals to seek court orders to declare unfair agreements unenforceable and to recover damages from service providers who record these agreements. The effective date for this legislation is set for January 1, 2026. Overall, the bill aims to protect homeowners from potentially exploitative service agreements in the real estate market.