Iowa 2023-2024 Regular Session

Iowa Senate Bill SSB1156

Introduced
2/14/23  
Introduced
2/14/23  

Caption

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

Impact

If enacted, the bill would have a significant impact on how service agreements related to residential properties are structured and enforced. Any agreement deemed unfair under the bill would be rendered unenforceable, meaning homeowners would have a legal basis to challenge these agreements. Furthermore, the person who enters into such agreements could face legal repercussions, including civil penalties that could amount to $40,000 per violation. The bill also creates provisions for bringing actions against recorded unfair agreements, thereby providing additional layers of protection for consumers.

Summary

Senate Study Bill 1156 aims to address unfair residential real estate service agreements by providing clear definitions and establishing penalties for violations. The bill categorizes service agreements as 'unfair' if they contain specific characteristics, such as not being required to be fully performed within one year or allowing assignment without the homeowner's notice or consent. These provisions are designed to protect consumers from potentially exploitative contracts in the residential real estate market.

Contention

Notably, SSB1156 does not apply to certain types of agreements, such as home warranties or maintenance contracts executed by homeowners associations, which could be points of contention during discussions about the bill. Critics might argue that excluding these types of agreements could leave gaps in consumer protections or create opportunities for continued unfair practices in related areas. As this bill progresses through the legislative process, stakeholders will likely debate the breadth and effectiveness of its provisions, as well as its potential economic impact on service providers in the real estate sector.

Companion Bills

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.)

IA SF417

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

IA HF475

Replaced by 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.

Previously Filed As

IA HB986

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

IA HF416

A bill for an act relating to open meetings and open records, providing penalties, and making penalties applicable.(See HF 706.)

IA SSB1097

A bill for an act relating to illegal gaming, and making penalties applicable.(See SF 395.)

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 HSB323

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.(See HF 989.)

IA SF2068

A bill for an act relating to the licensure of massage establishments, and making penalties applicable.(See SF 2205.)

IA SF2030

A bill for an act concerning speed-related driving violations, providing penalties, and making penalties applicable.(See SF 2288.)

IA SSB1038

A bill for an act relating to abandoned vehicles, and making penalties applicable.(See SF 468.)

IA HSB301

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.

IA HF706

A bill for an act relating to open meetings and open records, providing penalties, and making penalties applicable. (Formerly HF 416.) Effective date: 07/01/2025.

Similar Bills

SC H4800

Prenuptial and Postnuptial Agreements

AZ HB4073

gestational surrogacy; agreements

MI SB0160

Family law: marriage and divorce; uniform premarital and marital agreements act; create. Creates new act.

NC H973

Uniform Restrictive Employment Agreement Act

NC HB973

House Bill 973

CA SB1172

Bradley-Burns Uniform Local Sales and Use Tax Law: tax sharing agreements.

NC H203

Home Warranty Act

NC HB203

House Bill 203