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  • SECTION 778-AAA
    Definitions
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  • ARTICLE 36-E
    Prohibition of Unfair Real Estate Service Agreements
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  • SECTION 778-CCC
    Deceptive acts and practices
    • This entry was published on 2025-12-19
    NOTE: The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.

    SECTION 778-BBB

    Prohibition against unfair service agreements; recording thereof

    General Business (GBS) CHAPTER 20, ARTICLE 36-E

    * § 778-bbb. Prohibition against unfair service agreements; recording
    thereof. 1. No unfair real estate service agreement shall be enforceable
    in the state.

    2.(a) No person shall record or cause to be recorded an unfair real
    estate service agreement or notice or memorandum thereof.

    (b) If an unfair real estate service agreement is recorded in this
    state, it shall not provide actual or constructive notice against an
    otherwise bona fide purchaser or creditor.

    (c) If an unfair service agreement or a notice or memorandum thereof
    is recorded, any person with an interest in the real property that is
    the subject of that agreement may apply to a court in the county where
    the recording exists to record a court order declaring the agreement
    unenforceable.

    * NB Effective March 12, 2026