N.Y. General Business Law Section 778-BBB
Prohibition against unfair service agreements

  • recording thereof

1.

No unfair real estate service agreement shall be enforceable in the state.

2.

(a) No person shall record or cause to be recorded an unfair real estate service agreement or notice or memorandum thereof.

(b)

If an unfair real estate service agreement is recorded in this state, it shall not provide actual or constructive notice against an otherwise bona fide purchaser or creditor.

(c)

If an unfair service agreement or a notice or memorandum thereof 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 unenforceable. * NB Effective March 12, 2026

Source: Section 778-BBB — Prohibition against unfair service agreements; recording thereof, https://www.­nysenate.­gov/legislation/laws/GBS/778-BBB (updated Dec. 19, 2025; accessed Dec. 20, 2025).

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Verified:
Dec. 20, 2025

Last modified:
Dec. 19, 2025

§ 778-BBB. Prohibition against unfair service agreements's source at nysenate​.gov

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