TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 20

PROHIBITION OF UNFAIR SERVICE AGREEMENTS ACT

48-2008.  Remedies. (1) Any consumer that is party to an unfair service agreement related to residential real property or any person with an interest in the property that is the subject of that agreement may bring an action in district court in the county where the property is located to obtain a declaratory judgment that the agreement is unenforceable and to recover any other damages, costs, and attorney’s fees as may be proven.

(2)  In the event that an unfair service agreement or a notice or memorandum thereof is recorded against any residential real property, any judgment obtained pursuant to this section, once certified by the clerk having custody thereof, may be recorded and indexed against the real property encumbered or clouded by the unfair service agreement.

(3)  The remedies provided for in this chapter are not exclusive and shall not reduce any other rights or remedies a party may have in equity or in law.

(4)  No private action may be brought pursuant to this chapter more than two (2) years after the expiration of the term printed in the unfair service agreement.

History:

[48-2008, added 2023, ch. 242, sec. 1, p. 743.]