(1) No person shall present or send to any county recorder for recording or cause to be recorded by said recorder an unfair service agreement or notice or memorandum thereof.
(2)  In the event that a county recorder does record an unfair service agreement, the county recorder shall incur no liability for doing so.

Terms Used In Idaho Code 48-2004

  • County recorder: means a county’s clerk of the district court, elected or appointed pursuant to article V of the constitution of the state of Idaho, who serves as ex officio recorder under article XVIII of the constitution of the state of Idaho or any other individual officially designated to serve in said capacity. See Idaho Code 48-2002
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means natural persons, corporations both foreign and domestic, trusts, partnerships both limited and general, incorporated or unincorporated associations, companies, business entities, and any other legal entity or any other group associated in fact although not a legal entity or any agent, assignee, heir, employee, representative, or servant thereof. See Idaho Code 48-2002
  • recording: means placement of a document or instrument in the official county public land records. See Idaho Code 48-2002
  • Service agreement: means a contract under which a person agrees to provide services in connection with the maintenance of or purchase or sale of residential real property. See Idaho Code 48-2002
(3)  If an unfair service agreement is recorded, it shall not create a lien or provide constructive notice to any third party, bona fide purchaser, or creditor.