Iowa 2023-2024 Regular Session

Iowa Senate Bill SF417

Introduced
2/27/23  

Caption

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

Impact

The bill significantly affects state laws regarding consumer rights in the context of residential service agreements. By allowing consumers to seek remedies, including actual damages and attorney fees, if they are victims of unfair agreements, the legislation enhances legal protection against deceptive practices in real estate dealings. Additionally, it empowers district courts to declare such agreements unenforceable, thereby reinforcing the legal framework supporting consumer rights.

Summary

Senate File 417 is a bill designed to address issues surrounding unfair service agreements in the residential real estate sector. The legislation defines an unfair service agreement as one where services are not required to be completely performed within a year of execution, alongside various characteristics that indicate the agreement may exploit consumers. If deemed unfair, these agreements are rendered unenforceable and involve penalties for those who commit unlawful practices, emphasizing consumer protection in real estate transactions.

Contention

While the bill is aimed at protecting consumers, it defines various exceptions that exempt certain types of agreements, such as home warranties and insurance contracts, from its purview. This has raised discussions regarding the extent to which the bill will effectively safeguard all consumers, leading to debates in legislative discussions about ensuring comprehensive coverage against unfair practices. The definition of what constitutes ‘unfair’ may also lead to differing interpretations, which could create challenges in its enforcement.

Companion Bills

IA HF475

Similar To A bill for an act relating to unfair residential real estate service agreements, providing penalties, and making penalties applicable. (Formerly HSB 175.) Effective date: 07/01/2023.

IA SSB1156

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

IA HSB175

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

Previously Filed As

IA HB986

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

IA SF395

A bill for an act relating to illegal gaming, and making penalties applicable.(Formerly SSB 1097.)

IA SF468

A bill for an act relating to abandoned vehicles, and making penalties applicable.(Formerly SSB 1038.)

IA HF2763

A bill for an act providing for services relating to agricultural production, providing penalties, and including effective date and applicability provisions. (Formerly HF 2709, HSB 751.)

IA HF850

A bill for an act relating to illegal gaming, and making penalties applicable.(Formerly HSB 21.)

IA HF2646

A bill for an act relating to certain activities associated with foreign entities in the state, providing penalties, and making penalties applicable.(Formerly HSB 752.)

IA SF2288

A bill for an act concerning speed-related driving violations, providing penalties, making penalties applicable, and including applicability provisions.(Formerly SF 2030.)

IA SF503

A bill for an act relating to government bodies for purposes of open records, and making penalties applicable.(Formerly SSB 1072.)

IA HF989

A bill for an act relating to animal feeding operations, by providing for the regulation of anaerobic digester systems, providing fees, making penalties applicable, and including effective date and applicability provisions. (Formerly HSB 323.)

IA HF827

A bill for an act relating to the use of an electronic device in a voice-activated or hands-free mode while driving, providing penalties, and making penalties applicable.(Formerly HSB 64.)

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NC H973

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House Bill 973

CA SB1172

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NC H203

Home Warranty Act

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House Bill 203