15-10-102 - Definitions.
15-10-102. Definitions.
As used in this chapter:
(1) "Automatic renewal provision" means a provision under which a service contract isrenewed for a specified period if:
(a) the renewal causes the service contract to be in effect more than six months after theday of the initiation of the service contract; and
(b) the renewal is effective unless the consumer gives notice to the seller of theconsumer's intention to terminate the service contract.
(2) (a) Except as provided in Subsection (2)(c), "consumer" means a person receivingservice, maintenance, or repair under a service contract.
(b) "Consumer" includes a representative of an association subject to:
(i) Title 57, Chapter 8, Condominium Ownership Act; or
(ii) Title 57, Chapter 8a, Community Association Act.
(c) "Consumer" does not include a person engaged in business for profit if the personenters into the service contract as part of the person's business activities.
(3) "Seller" means a person providing service, maintenance, or repair under a servicecontract.
(4) (a) "Service contract" means any contract for service, maintenance, or repair:
(i) in connection with any real property; or
(ii) that provides a benefit to any real property.
(b) "Service contract" does not include a contract affecting any right, title, estate, orinterest in real property, including:
(i) a fee title interest;
(ii) a leasehold interest;
(iii) an option contract relating to real property;
(iv) a real estate purchase contract;
(v) an easement; or
(vi) any other real property interest governed by Title 57, Real Estate.
Amended by Chapter 167, 2006 General Session