Iowa 2023-2024 Regular Session Status: Enacted

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

Last action — Fiscal note.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2023. Enacted.

Signed by Governor Kim Reynolds (Republican) on April 28, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

117 added · 147 removed

117 line(s) added, 147 removed.

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KMRENLDS O FICE OF THE GOVERNOR AAMGEGG GVENOR TGVENOR Arl2,223 TheooabePulae SceayofttefIwa SaeCptl Desons,Iwa039 DerM.Sceay, Ihrbyrnmt:
House File 475 - Enrolled House File 475 AN ACT RELATING TO UNFAIR RESIDENTIAL REAL ESTATE SERVICE AGREEMENTS, PROVIDING PENALTIES, AND MAKING PENALTIES APPLICABLE.
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ASS1 ,AN ' 11 3IA , l I IlI I II 6II I 1nI I I I I lI 61lI I 1 I1I 1I House File 475 AN ACT RELATING TO UNFAIR RESIDENTIAL REAL ESTATE SERVICE AGREEMENTS, PROVIDING PENALTIES, AND MAKING PENALTIES APPLICABLE.
"Common interest community"" means real estate described i n a declaration with respect to which a person, by virtue of the person's ownership of a unit, i s obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other units, or other real estate described i n the declaration.
“Common interest community” means real estate described in a declaration with respect to which a person, by virtue of the person’s ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other units, or other real estate described in the declaration.
-Common interest community includes a planned community, a cooperative under chapter 499A, and a horizontal property regime under chapter 499B.
“Common interest community” includes a planned community, a cooperative under chapter 499A, and a horizontal property regime under chapter 499B.
"Common interest community"" does not include any of the following:
“Common interest community” does not include any of the following:
(2 ) Real estate described in paragraph 'à"" if all units are owned by a single owner.
(2) Real estate described in paragraph “a” if all units are owned by a single owner.
House File 475, p .
House File 475, p.
-Consumer -means a natural person being provided a service under a service agreement, o r the natural person's legal representative.
“Consumer” means a natural person being provided a service under a service agreement, or the natural person’s legal representative.
3.Record -means presentation of a document to a county recorder in this state for official placement in the public land records.
3.
“Record” means presentation of a document to a county recorder in this state for official placement in the public land records.
Residential real estate -means real property located in this state which i s used primarily for personal, family, or household purposes and i s improved by one to four dwelling units.
“Residential real estate” means real property located in this state which is used primarily for personal, family, or household purposes and is improved by one to four dwelling units.
Service agreement -means a contract under which a person agrees to provide a service in connection with the maintenance of, the purchase of, or the sale of, residential real estate.
“Service agreement” means a contract under which a person agrees to provide a service in connection with the maintenance of, the purchase of, or the sale of, residential real estate.
558B.2 Unfair service agreements — penalties.
558B.2 Unfair service agreements —— penalties.
A service agreement shall be considered unfair under this section if a service that is covered by the service agreement is not required to be completely performed within one year after the date on which the service agreement i s executed, and the service agreement has any of the following characteristics:
A service agreement shall be considered unfair under this section if a service that is covered by the service agreement is not required to be completely performed within one year after the date on which the service agreement is executed, and the service agreement has any of the following characteristics:
The service agreement purports to run with the land or to be binding on future owners of interests in the residential real estate that i s the subject of the service agreement.
The service agreement purports to run with the land or to be binding on future owners of interests in the residential real estate that is the subject of the service agreement.
The service agreement permits assignment of the right to provide service under the service agreement without requiring notice to, and the consent of, the owner of the residential real estate that i s the subject of the service agreement.
The service agreement permits assignment of the right to provide service under the service agreement without requiring notice to, and the consent of, the owner of the residential real estate that is the subject of the service agreement.
c, The service agreement purports to create a lien, encumbrance, or other real property security interest on the residential real estate that i s the subject of the service agreement.
c.
The service agreement purports to create a lien, encumbrance, or other real property security interest on the residential real estate that is the subject of the service agreement.
If a service agreement i s unfair under this section, the service agreement shall be unenforceable.
If a service agreement is unfair under this section, the service agreement shall be unenforceable.
House File 475, p .
House File 475, p.
If an unfair service agreement i s recorded, the recorded service agreement shall not provide actual or constructive notice against an otherwise bona fide purchaser or creditor, or actual or constructive notice against heirs or other successors-in-interest to the residential real estate that i s the subject of the recorded service agreement.
If an unfair service agreement is recorded, the recorded service agreement shall not provide actual or constructive notice against an otherwise bona fide purchaser or creditor, or actual or constructive notice against heirs or other successors-in-interest to the residential real estate that is the subject of the recorded service agreement.
If an unfair service agreement or a notice or memorandum of an unfair service agreement i s recorded, any person with an interest in the residential real estate that i s the subject of the service agreement may apply to a district court in the county in which the service agreement i s recorded for a court order declaring the service agreement unenforceable.
If an unfair service agreement or a notice or memorandum of an unfair service agreement is recorded, any person with an interest in the residential real estate that is the subject of the service agreement may apply to a district court in the county in which the service agreement is recorded for a court order declaring the service agreement unenforceable.
If an unfair service agreement or a notice or memorandum of an unfair service agreement i s recorded, any person with an interest in the residential real estate that i s the subject of the recorded service agreement may recover actual damages, costs, and attorney fees as may be proven against the person who caused the unfair service agreement or the notice or memorandum of the unfair service agreement to be recorded.
If an unfair service agreement or a notice or memorandum of an unfair service agreement is recorded, any person with an interest in the residential real estate that is the subject of the recorded service agreement may recover actual damages, costs, and attorney fees as may be proven against the person who caused the unfair service agreement or the notice or memorandum of the unfair service agreement to be recorded.
A maintenance or repair agreement entered into by the homeowners' association of a common interest community.
A maintenance or repair agreement entered into by the homeowners’ association of a common interest community.
A security agreement under the uniform commercial code related to the sale or rental of personal property o r fixtures.
A security agreement under the uniform commercial code related to the sale or rental of personal property or fixtures.
This section shall not be construed to impair a person's rights established by a mechanics" lien under chapter 572.
This section shall not be construed to impair a person’s rights established by a mechanics’ lien under chapter 572.
Section 714.16, subsection 2 , Code 2023, is amended by adding the following new paragraph:
Section 714.16, subsection 2, Code 2023, is amended by adding the following new paragraph:
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NEW PARAGRAPH.
NEW PARAGRAPH .
q, It shall be an unlawful practice for a person to violate section 558B.2, subsect L o 3.
q.
,,_ /•W- 4 PAT GRASSLEY AMY SINCXAIR Speaker of thé House President of the Senate I hereby certify that this bill originated in the House and is known as House File 475, Ninetieth General Assembly.
It shall be an unlawful practice for a person to violate section 558B.2, subsection 3.
MEG-fN NELSON Chlf Clerk-of the House Approved , 2023 KIM REYNOLDS Governor
______________________________ ______________________________ PAT GRASSLEY AMY SINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 475, Ninetieth General Assembly.
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes new regulations and penalties regarding unfair service agreements related to residential real estate in Iowa.

  • Section 558B.2

    A service agreement shall be considered unfair under this section if a service that is covered by the service agreement is not required to be completely performed within one year after the date on which the service agreement is executed, and the service agreement has any of the following characteristics: a. The service agreement purports to run with the land or to be binding on future owners of interests in the residential real estate that is the subject of the service agreement. b. The service agreement permits assignment of the right to provide service under the service agreement without requiring notice to, and the consent of, the owner of the residential real estate that is the subject of the service agreement. c. The service agreement purports to create a lien, encumbrance, or other real property security interest on the residential real estate that is the subject of the service agreement.

    This creates criteria under which service agreements can be deemed unfair.

  • Section 558B.2

    If a service agreement is unfair under this section, the service agreement shall be unenforceable.

    This stipulates that unfair service agreements cannot be enforced.

  • Section 558B.2

    If a person enters into an unfair service agreement with a consumer, the person commits an unlawful practice under section 714.16.

    This makes entering an unfair service agreement a legal violation.

  • Section 558B.2

    A person shall not cause an unfair service agreement, or a notice or memorandum of an unfair service agreement, to be recorded.

    This prohibits the recording of unfair service agreements.

  • Section 558B.2

    A person who causes an unfair service agreement, or a notice or memorandum of an unfair service agreement, to be recorded commits an aggravated misdemeanor.

    This establishes penalties for recording unfair service agreements.

  • Section 558B.2

    If an unfair service agreement is recorded, the recorded service agreement shall not provide actual or constructive notice against an otherwise bona fide purchaser or creditor, or actual or constructive notice against heirs or other successors-in-interest to the residential real estate that is the subject of the recorded service agreement.

    This clarifies that unfair service agreements do not alert potential buyers or creditors.

  • Section 558B.2

    If an unfair service agreement or a notice or memorandum of an unfair service agreement is recorded, any person with an interest in the residential real estate that is the subject of the service agreement may apply to a district court in the county in which the service agreement is recorded for a court order declaring the service agreement unenforceable.

    This allows interested parties to seek court intervention against unfair agreements.

  • Section 558B.2

    If an unfair service agreement or a notice or memorandum of an unfair service agreement is recorded, any person with an interest in the residential real estate that is the subject of the recorded service agreement may recover actual damages, costs, and attorney fees as may be proven against the person who caused the unfair service agreement or the notice or memorandum of the unfair service agreement to be recorded.

    This enables recovery of damages for parties affected by the unfair agreements.

  • Section 714.16

    It shall be an unlawful practice for a person to violate section 558B.2, subsection 1 to 3.

    This adds violations of unfair service agreements to the list of unlawful practices.

Amendments

1 amendment

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Action History

  1. Fiscal note.

  2. Signed by Governor.

  3. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  4. Message from Senate.

  5. Immediate message.

  6. Passed Senate, yeas 50, nays 0.

  7. Substituted for SF 417.

  8. Placed on calendar under unfinished business.

  9. Read first time, attached to SF 417.

  10. Message from House.

  11. Immediate message.

  12. Passed House, yeas 98, nays 0.

  13. Amendment H-1028 adopted.

  14. Fiscal note.

  15. Amendment H-1028 filed.

  16. Introduced, placed on calendar.

Sponsors

  • COMMITTEE ON COMMERCE · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (1)

  • COMMITTEE ON COMMERCE

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors HF 475?
HF 475 is sponsored by COMMITTEE ON COMMERCE.
What is the current status of HF 475?
This bill has been enacted into law. Introduced February 27, 2023. Enacted.
Where can I track HF 475?
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