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Current as of January 01, 2024 | Updated by FindLaw Staff
1. A service agreement is deemed unfair under this chapter if the service obligations of the agreement are not to be performed within one year after the agreement is executed and the agreement:
a. Purports to be a covenant running with the land as described in section 47-04-25;
b. Purports to be binding on future owners of interests in the real property;
c. Allows for assignment of the right to provide service without notice and agreement of the owner of residential real estate; or
d. Purports to create a lien, encumbrance, or other real property security interest.
2. This chapter does not:
a. Apply to a home warranty or other type of similar product that covers the cost of maintenance of a major housing system for a set period of time from the date a house is sold;
b. Apply to an insurance contract;
c. Apply to an option to purchase or right of refusal;
d. Apply to a maintenance or repair agreement executed between a landowner and a homeowners' association in a common interest community; and
e. Impair the rights and remedies provided in chapter 35-27.
Cite this article: FindLaw.com - North Dakota Century Code Title 47. Property § 47-38-02. Unfair service agreements--Prohibition - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-38-02/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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