765 ILCS 175/1
Short title
Short title. This Act may be cited as the Prohibition of Unfair Service Agreements Act. (Source: P.A. 103-993, eff. 8-9-24.)
Illinois Compiled Statutes 765 ILCS 175 — Prohibition of Unfair Service Agreements Act.
Illinois · statute · 765 ILCS 175 · 9 active provisions
Provisions
765 ILCS 175/5
Purpose
Purpose. The General Assembly declares that it is the purpose of this Act: (1) to prohibit the use of service agreements that are unfair to an owner of residential real estate or to persons who may become owners of that real estate in the future; (2) to prohibit the recording of unfair service agreements so that the pu…
765 ILCS 175/10
Definitions
Definitions. As used in this Act: "Person" means a natural person, partnership, association, cooperative, corporation, trust, or other legal entity. "Recording" means presenting a document to a county recorder for official placement in the public land records. "Residential real estate" means real property located in th…
765 ILCS 175/15
Characteristics of unfair service agreements
Characteristics of unfair service agreements. (a) A service agreement is unfair under this Act if any part of the service subject to the agreement is not to be performed within one year after the service agreement is entered into and the service agreement has any of the following characteristics: (1) the service agreem…
765 ILCS 175/20
Unfair service agreements unenforceable
Unfair service agreements unenforceable. If a service agreement is unfair under this Act it is unenforceable and shall not create a contractual obligation. (Source: P.A. 103-993, eff. 8-9-24.)
765 ILCS 175/25
Deceptive business practice
Deceptive business practice. Entering into an unfair service agreement with a consumer constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall b…
765 ILCS 175/30
Recording prohibited
Recording prohibited. (a) No person shall knowingly record or knowingly cause to be recorded an unfair service agreement or a notice or memorandum of the unfair service agreement. (b) Notwithstanding any law to the contrary, a county recorder may refuse to accept for recordation an unfair service agreement. (c) If an u…
765 ILCS 175/35
Remedies
Remedies. If an unfair service agreement or a notice or memorandum of the unfair service agreement 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 unenforceab…
765 ILCS 175/99
Effective date
Effective date. This Act takes effect upon becoming law. (Source: P.A. 103-993, eff. 8-9-24.)