Occupations Code § 1304.0041

Sec. 1304.0041. CERTAIN EXEMPT AGREEMENTS. This chapter does not apply to: (1) a performance guarantee offered by: (A) the builder of a residential property; or (B) the manufacturer or seller of an appliance or other system or component of a residential property; (2) a residential service contract executed before August 28, 1979; (3) a guarantee or warranty that is: (A) designed to guarantee or warrant the repair or service of an appliance, system, or component of a residential property; and (B) issued by a person who sells, services, repairs, or replaces the appliance, system, or component at the time or before the guarantee or warranty is issued; (4) a service or maintenance agreement or a warranty that: (A) is sold, offered for sale, or issued by a manufacturer or merchant who manufactures or sells a product or part of a product, including a structural component, an appliance, or an electrical, plumbing, heating, cooling, or air-conditioning system of a building or residence; and (B) provides for, warrants, or guarantees the maintenance, repair, replacement, or performance of the product or part of the product; or (5) home warranty insurance as defined by Section 2005.001, Insurance Code. Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 4.05, eff. September 1, 2021.