As used in this part 9, unless the context otherwise requires:
"Home warranty service company", referred to in this part 9 as the "company", means any person who undertakes a contractual obligation on a new or preowned home through a home warranty service contract.
(a) "Home warranty service contract" means any contract or agreement whereby a person undertakes for a predetermined fee, with respect to a specified period of time, to maintain, repair, or replace any or all of the following elements of a specified new or preowned home:
Structural components, such as the roof, foundation, basement, walls, ceilings, orfloors;
Utility systems, such as electrical, air conditioning, plumbing, and heating systems,including furnaces; and
Appliances, such as stoves, washers, dryers, and dishwashers.
(b) "Home warranty service contract" does not include:
Any contract or agreement whereby a public utility undertakes for a predeterminedfee, with respect to a specified period of time, to repair or replace any or all of the elements of a specified new or preowned home as specified in subsection (2)(a)(II) or (2)(a)(III) of this section; or
A builder's warranty provided in connection with the sale of a new home.
"Person" includes an individual, company, corporation, association, agent, and everyother legal entity.
"Preowned" means a single-family residence, residential unit in a multiple-dwellingstructure, or mobile home on a foundation that is occupied as a residence and not owned by the builder-developer or first occupant.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 715, § 1, effective October 1.
Editor's note: This section is similar to former § 12-61-602 as it existed prior to 2019.