North Dakota § 47-38-02 - Unfair service agreements - Prohibition
Full text of North Dakota North Dakota Century Code § 47-38-02 — Unfair service agreements - Prohibition, with citation guidance and answers to common questions.
§ 47-38-02. Unfair service agreements - Prohibition
1. A service agreement is deemed unfair under this chapter if the service obligations of the agreement are not to be performed within one year after the agreement is executed and the agreement: a. Purports to be a covenant running with the land as described in section 47-04-25; b. Purports to be binding on future owners of interests in the real property; c. Allows for assignment of the right to provide service without notice and agreement of the owner of residential real estate; or d. Purports to create a lien, encumbrance, or other real property security interest. 2. This chapter does not: a. Apply to a home warranty or other type of similar product that covers the cost of maintenance of a major housing system for a set period of time from the date a house is sold; b. Apply to an insurance contract; c. Apply to an option to purchase or right of refusal; d. Apply to a maintenance or repair agreement executed between a landowner and a homeowners' association in a common interest community; and e. Impair the rights and remedies provided in chapter 35-27.
Source: official North Dakota text · Last verified 2026-08-27
Frequently Asked Questions About North Dakota § 47-38-02
What does North Dakota Century Code § 47-38-02 cover?
Section 47-38-02 ("Unfair service agreements - Prohibition") is part of the North Dakota Century Code, the codified statutory law of North Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Dakota § 47-38-02?
A common citation format is "North Dakota Century Code § 47-38-02" (North Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Dakota official source linked on this page or consult a licensed North Dakota attorney.
How does North Dakota § 47-38-02 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Dakota.