North Carolina General Statutes 93A-88.1. Purpose; definitions
(a) This Article is intended to prohibit the use of real estate service agreements that are unfair to an owner of residential real estate or to other persons who may become owners of that real estate in the future. This Article also prohibits the recording of such residential real estate service agreements so that the public records will not be clouded by them and provides remedies for owners who are inconvenienced or damaged by the recording of such agreements.
(b) For the purposes of this Article, the following definitions apply:
(1) Person. – A person as defined in N.C. Gen. Stat. § 105-228.90(b)(23).
Terms Used In North Carolina General Statutes 93A-88.1
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Real estate service agreement. – A written contract between a service provider and the owner or potential buyer of residential real estate to provide services, current or future, in connection with the maintenance, purchase, or sale of residential real estate.
(3) Residential real estate. – Real property located in this State which is used primarily for personal, family, or household purposes.
(4) Service provider. – A person who provides a service related to residential real estate, including a real estate broker.
(5) Unfair real estate service agreement. – A real estate service agreement that violates N.C. Gen. Stat. § 93A-88.2 (2023-117, s. 1.)