North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S344

Introduced
3/21/23  

Caption

Unfair Real Estate Agreements Act

Impact

If enacted, S344 would amend Chapter 93A of the North Carolina General Statutes, creating protections against unfair real estate service agreements. This would prevent these agreements from being recorded in public records, thereby protecting homeowners from having their titles encumbered by potentially deceptive contracts. Additionally, the bill empowers homeowners who are affected by unfair agreements to seek damages, enhancing consumer protection in the real estate market.

Summary

Senate Bill 344, known as the Unfair Real Estate Agreements Act, seeks to protect homeowners in North Carolina by addressing unfair practices associated with real estate service agreements for residential properties. This bill specifically prohibits agreements that are deemed unfair to property owners, including those that are excessively long or impose binding obligations on future owners without their consent. By establishing clear definitions and prohibitions for such agreements, the bill aims to avoid conditions that could disadvantage current or future homeowners.

Sentiment

The sentiment surrounding Senate Bill 344 appears to be generally positive among consumer advocacy groups and homeowners, as it addresses long-standing issues of unfair practices in the real estate market. Proponents argue that it is a necessary safeguard for protecting consumer rights and promoting fair dealing in real estate transactions. However, there may also be concerns from industry stakeholders about how these regulations could impact their operations and contracts, which could lead to debates about the balance between consumer protection and business interests.

Contention

Notable points of contention could arise around the definitions of 'unfair' service agreements and the implications for existing contracts. Some industry members may argue that the bill could complicate standard practices and limit the flexibility of agreements that are beneficial in certain contexts. Additionally, concerns about enforcement and the potential burden on the real estate market could be areas of significant discussion as stakeholders evaluate the bill's potential effects.

Companion Bills

NC H422

Same As Unfair Real Estate Agreements Act

Previously Filed As

NC H422

Unfair Real Estate Agreements Act

NC HB1243

Unfair Real Estate Service Agreement Act; created, consumer protections.

NC SB576

Unfair Real Estate Service Agreement Act; created, consumer protections.

NC SB00201

An Act Concerning Unfair Real Estate Listing Agreements And The Connecticut Unfair Trade Practices Act.

NC SB457

Prohibition of Unfair Real Estate Service Agreements Act

NC HB5326

Relating to prohibition of unfair real estate service agreements

NC HB657

Providing for transparency in realty agreements; prohibiting unfair real estate service agreements; and imposing penalties.

NC HB1188

The prohibition of unfair service agreements.

NC SB3420

UNFAIR SERVICE AGREEMENTS

NC S06361

Prohibits unfair residential real estate service agreements which are certain service agreements which are not to be performed within two years following the time such agreement is entered into.

Similar Bills

IN HB1222

Residential real estate service agreements.

CA AB1345

Residential Exclusive Listing Agreements Act.

AZ SB1218

Exclusive agreements; residential property sales

HI SB2861

Relating To Exclusive Listing Agreements.

CT SB00201

An Act Concerning Unfair Real Estate Listing Agreements And The Connecticut Unfair Trade Practices Act.

IA HSB175

A bill for an act relating to unfair residential real estate service agreements, providing penalties, and making penalties applicable.(See HF 475.)

IA SSB1156

A bill for an act relating to unfair residential real estate service agreements, providing penalties, and making penalties applicable.(See SF 417.)

IA SF417

A bill for an act relating to unfair residential real estate service agreements, providing penalties, and making penalties applicable.(Formerly SSB 1156.)