Idaho Code 48-2008 – Remedies
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(1) Any consumer that is party to an unfair service agreement related to residential real property or any person with an interest in the property that is the subject of that agreement may bring an action in district court in the county where the property is located to obtain a declaratory judgment that the agreement is unenforceable and to recover any other damages, costs, and attorney’s fees as may be proven.
(2) In the event that an unfair service agreement or a notice or memorandum thereof is recorded against any residential real property, any judgment obtained pursuant to this section, once certified by the clerk having custody thereof, may be recorded and indexed against the real property encumbered or clouded by the unfair service agreement.
Terms Used In Idaho Code 48-2008
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Property: includes both real and personal property. See Idaho Code 73-114
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Residential real property: means real property located in this state that is used primarily for personal, family, or household purposes and is improved by one (1) to four (4) dwelling units. 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) The remedies provided for in this chapter are not exclusive and shall not reduce any other rights or remedies a party may have in equity or in law.
(4) No private action may be brought pursuant to this chapter more than two (2) years after the expiration of the term printed in the unfair service agreement.