State Home Warranty Laws: All 50 States Compared

Home warranty regulation is a state matter, so the agency, the law and the protections depend on where the home is. This table shows what we could confirm for each state, with the statute, agency page or order behind it.

Researched October 2026 · Legal information only, not legal advice

Regulator and Legal Framework by State

Each row links to the sources and the full note below. "Confirmed" means the regulator and core rules come from official sources. "Partly confirmed" and "Not confirmed" mean the note says what we could not settle, so ask the regulator before you rely on it.

Regulator, legal framework and confidence for home warranty rules in each of the 50 states
State Regulator Legal framework Type of rules Status
Alabama Alabama Department of Insurance Service contract law (Code of Alabama, Title 8, Chapter 32) Service contract law Partly confirmed
Alaska Alaska Division of Insurance Insurance code applies to whole-home warranties only Home-specific rules Partly confirmed
Arizona Arizona Department of Insurance and Financial Institutions (DIFI) Service company permit (A.R.S. 20-1095 and following) Home-specific rules Confirmed
Arkansas Arkansas Insurance Department Service Contracts Act (registration, not insurance) Service contract law Confirmed
California California Department of Insurance Home protection contracts under the Insurance Code Home-specific rules Partly confirmed
Colorado Colorado Division of Real Estate (statute in Title 12, Article 10, Part 9) Home warranty service contract statutes, outside the insurance code Home-specific rules Partly confirmed
Connecticut Connecticut Insurance Department Home warranty contracts under Conn. Gen. Stat. 38a-320 Home-specific rules Partly confirmed
Delaware Delaware Department of Insurance and Department of Justice Service contracts are not insurance (Del. Code tit. 18) No registration program found Partly confirmed
Florida Florida Office of Insurance Regulation (OIR) and Department of Financial Services Home warranty associations under Chapter 634, Florida Statutes Home-specific rules Confirmed
Georgia Georgia Office of Commissioner of Insurance Title 33 of the Georgia Code; surety bond requirement Service contract law Partly confirmed
Hawaii Hawaii Insurance Division (Department of Commerce and Consumer Affairs) Service contract registration (Hawaii Revised Statutes Chapter 481X) Service contract law Partly confirmed
Idaho Idaho Department of Insurance and Attorney General No home warranty statute found No registration program found Partly confirmed
Illinois Illinois Department of Insurance Service Contract Act (215 ILCS 152) Home-specific rules Partly confirmed
Indiana Indiana Department of Insurance Automobile service contract statute; Department bulletins on other service contracts Rules not confirmed Partly confirmed
Iowa Iowa Insurance Division Residential service contracts (Iowa Code chapter 523C) Home-specific rules Confirmed
Kansas Kansas Insurance Department and Attorney General Service contracts exempt from insurance regulation (K.S.A. 40-201a) No registration program found Confirmed
Kentucky Kentucky Department of Insurance Registration of consumer product service contracts (806 KAR 5:060) Service contract law Partly confirmed
Louisiana Louisiana Secretary of State Home service contract providers register with the Secretary of State (La. R.S. 51:3141 to 3146) Home-specific rules Confirmed
Maine Maine Bureau of Insurance Home service contracts are separate from the Service Contract Act Rules not confirmed Partly confirmed
Maryland Maryland Attorney General (no registration program found) Maryland Service Contracts and Consumer Products Guaranty Act (Commercial Law Title 14) No registration program found Partly confirmed
Massachusetts Massachusetts Division of Insurance and Attorney General Service contract provider registration (G.L. c. 175, 149M-X) and Chapter 93A Home-specific rules Confirmed
Michigan Michigan Department of Insurance and Financial Services (role not confirmed) Service contracts are not insurance (MCL 500.125) No registration program found Partly confirmed
Minnesota Minnesota Department of Commerce Service contracts statute (Minnesota Statutes chapter 59B) Service contract law Partly confirmed
Mississippi Mississippi Insurance Department and Attorney General (role not confirmed) Consumer Protection Act applies; licensing not confirmed Rules not confirmed Not confirmed
Missouri Missouri Department of Commerce and Insurance Service contract provider registration (RSMo 385.300 to 385.320) Service contract law Partly confirmed
Montana Montana Commissioner of Securities and Insurance (administering agency for the service contract part not confirmed) Service contracts part of the unfair trade practices chapter (MCA 30-14-1301 to 1304) Service contract law Partly confirmed
Nebraska Nebraska Department of Insurance (registration program for home service contracts not found) Service contracts are not insurance under Neb. Rev. Stat. 44-102.01 Home-specific rules Partly confirmed
Nevada Nevada Division of Insurance Service contract registration (NRS Chapter 690C) Service contract law Confirmed
New Hampshire New Hampshire Insurance Department Consumer guaranty contracts (RSA 415-C) Home-specific rules Confirmed
New Jersey New Jersey Attorney General and Division of Consumer Affairs (administering agency not confirmed) Service Contracts Act (N.J.S.A. 56:12-87 and following): not insurance No registration program found Partly confirmed
New Mexico New Mexico Office of Superintendent of Insurance (OSI) Service Contract Regulation Act (NMSA 59A-58) Home-specific rules Confirmed
New York New York Department of Financial Services (DFS) Service contracts under Article 79 of the Insurance Law Home-specific rules Confirmed
North Carolina North Carolina Attorney General (Consumer Protection Division); Department of Insurance does not regulate sellers Home service agreements under G.S. 66-371 to 66-373 No registration program found Confirmed
North Dakota North Dakota Insurance Department (role for property service contracts not confirmed) Property service contracts exempt from the insurance title (2001 Senate Bill 2318) Home-specific rules Partly confirmed
Ohio Ohio Attorney General (Consumer Protection); Ohio Department of Insurance has no home warranty program we could confirm Home service contracts are not insurance (R.C. 3905.422) and fall under the Consumer Sales Practices Act No registration program found Confirmed
Oklahoma Oklahoma Insurance Department (OID) Service Warranty Act (Title 15, section 141.1 and following) Home-specific rules Confirmed
Oregon Oregon Division of Financial Regulation (DFR) Service contract law (ORS 646A.150 and following) Home-specific rules Confirmed
Pennsylvania Pennsylvania Attorney General (Bureau of Consumer Protection) for complaints; the Insurance Department says it does not regulate home warranties Not regulated by the Insurance Department; consumer protection law applies No registration program found Partly confirmed
Rhode Island Rhode Island Department of Business Regulation (role not confirmed) Consumer service contracts are not insurance (R.I. Gen. Laws 6-57-2) Service contract law Partly confirmed
South Carolina South Carolina Department of Insurance Service contracts (S.C. Code Title 38, Chapter 78) Service contract law Partly confirmed
South Dakota South Dakota Division of Insurance (role for home service contracts not confirmed) Service agreements and extended warranty plans exempt from insurance regulation (SDCL 58-1-3) No registration program found Partly confirmed
Tennessee Tennessee Department of Commerce and Insurance (TDCI) Insurance definition in T.C.A. 56-7-101 applied case by case Rules not confirmed Partly confirmed
Texas Texas Department of Licensing and Regulation (TDLR) Service contract providers under Occupations Code Chapter 1304 Home-specific rules Confirmed
Utah Utah Insurance Department Home protection service contract providers (Utah Code Title 31A, Chapter 6a) Home-specific rules Confirmed
Vermont Vermont Department of Financial Regulation (DFR) Service contracts (8 V.S.A. sections 4247 to 4250) Service contract law Confirmed
Virginia Virginia Department of Agriculture and Consumer Services (Commissioner of Agriculture and Consumer Services); Attorney General for consumer complaints Home Service Contract Providers (Va. Code 59.1-434.1 and following) Home-specific rules Confirmed
Washington Washington Office of the Insurance Commissioner (OIC) Service contracts (RCW 48.110) Service contract law Partly confirmed
West Virginia West Virginia Offices of the Insurance Commissioner Warranties and service contracts exempt from the insurance chapter (W. Va. Code 33-4-2) No registration program found Partly confirmed
Wisconsin Wisconsin Office of the Commissioner of Insurance (OCI) Warranty plans (Ins 15.01) and service contract providers (Wis. Stat. 616.54) Home-specific rules Confirmed
Wyoming Wyoming Department of Insurance Service contracts (W.S. 26-49-101 and following) Service contract law Partly confirmed

How the 50 States Split

Home-specific rules (21 states)

A law or program that names home warranties, home service contracts or residential service contracts.

Alaska, Arizona, California, Colorado, Connecticut, Florida, Illinois, Iowa, Louisiana, Massachusetts, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Texas, Utah, Virginia, Wisconsin

General service contract law (14 states)

A service contract law with registration, bonding or disclosure rules. Whether it reaches a particular home warranty plan was not confirmed.

Alabama, Arkansas, Georgia, Hawaii, Kentucky, Minnesota, Missouri, Montana, Nevada, Rhode Island, South Carolina, Vermont, Washington, Wyoming

Not insurance, no registration program found (11 states)

Home service contracts are outside the insurance code and we found no registration program, so consumer protection law is the main recourse.

Delaware, Idaho, Kansas, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, South Dakota, West Virginia

Not confirmed (4 states)

The sources we found did not settle how the state regulates home warranties. Ask the state insurance regulator before you buy.

Indiana, Maine, Mississippi, Tennessee

The groups describe what our sources show, not how much protection a state gives you. A state with no registration program can still enforce consumer protection law against a company that misleads buyers, and a state with a program still depends on you reading the contract.

What State Home Warranty Laws Typically Require

Register or get a license before selling

A registration, permit, certificate or license is the most common requirement in the records we found. It lets a regulator keep a list of companies you can check before you buy.

Examples in our records: Arizona, Arkansas, Iowa, Massachusetts, New Hampshire, New Mexico, New York, Nevada, Oklahoma, Oregon, Texas, Utah, Vermont, Washington, Wisconsin, Wyoming

Prove the company can pay claims

Several states ask for a surety bond, a funded reserve, a deposit or a reimbursement insurance policy so that claims can be paid if the company fails.

Examples in our records: Arizona, Georgia, Illinois, Kentucky, New Mexico, Oregon, Utah, Vermont, Wisconsin

Spell out the contract terms

Some laws dictate what a contract must say, such as exclusions, the coverage period, how to transfer it or a notice about the regulator.

Examples in our records: Colorado, Florida, Iowa, Massachusetts, New York, Utah

Give the buyer a way out

Cancellation windows and refund rules appear in a few states. Read the contract for the exact window; the law sets a minimum, not the whole terms.

Examples in our records: Hawaii, Maryland, New Mexico, Nevada, South Carolina

State-by-State Notes and Sources

Open a state to read what the sources say, what we could not confirm and where to check. Statutes change and agencies reorganize, so confirm current rules with the regulator. 49 of these states also have a full guide that adds company availability.

Home-specific rules

Alaska - Alaska Division of Insurance

Insurance code applies to whole-home warranties only

Alaska's insurance statutes do not apply to ordinary service contracts, but a 2014 amendment to AS 21.03.021 makes a comprehensive warranty on an entire home subject to the insurance statutes. Contracts limited to a household system or appliance are outside them. We did not find the Division of Insurance's own licensing guidance for whole-home warranty providers.

Alaska home warranty companies and availability

Arizona - Arizona Department of Insurance and Financial Institutions (DIFI)

Service company permit (A.R.S. 20-1095 and following)

Arizona regulates home warranty contracts as service contracts through DIFI. A company must hold a permit from the DIFI director before selling them (A.R.S. 20-1095.01) and must show managerial competency and either post a surety bond or carry reimbursement insurance (A.R.S. 20-1095.03 and 20-1095.04). DIFI has issued cease and desist orders against providers that sold without a permit. DIFI advises checking a company's permit status before you buy.

Arizona home warranty companies and availability

California - California Department of Insurance

Home protection contracts under the Insurance Code

California defines a home protection contract in its Insurance Code and requires a home protection company to be licensed. The code requires clear disclosure of covered items, exclusions and fees in the contract, annual financial statements and a solvency test. Complaints can go to the California Department of Insurance. The statute text we reviewed came from a third-party mirror, so check the official code for the current wording.

California home warranty companies and availability

Colorado - Colorado Division of Real Estate (statute in Title 12, Article 10, Part 9)

Home warranty service contract statutes, outside the insurance code

Colorado regulates home warranty service contracts under Part 9 of Article 10 of Title 12, the real estate title, and the insurance code's service contract part exempts them. The statutes set contract content rules, such as listing excluded items and the exact termination date, and say these contracts are not insurance. A Division of Real Estate spokesperson told Denver7 there is no regulatory program for them, while the statutes require contracts to disclose that consumers may have rights under the Colorado Consumer Protection Act. A 2020 bill set the statutes to be reviewed in 2026, and we did not confirm what happened.

Colorado home warranty companies and availability

Connecticut - Connecticut Insurance Department

Home warranty contracts under Conn. Gen. Stat. 38a-320

Connecticut covers home warranty contracts under Conn. Gen. Stat. 38a-320, which defines agreements to repair or replace structural components of dwellings of four or fewer units. The Insurance Department has said they fall under that section rather than the extended warranty law. The Attorney General has cautioned consumers about potentially deceptive home warranty advertising. We did not confirm current licensing rules.

Connecticut home warranty companies and availability

Florida - Florida Office of Insurance Regulation (OIR) and Department of Financial Services

Home warranty associations under Chapter 634, Florida Statutes

Florida regulates home warranties under Chapter 634 of the Florida Statutes, within the Insurance Code. Under section 634.312, according to the Florida CFO's consumer overview, the contract must be delivered within 45 days, exclusions must appear in boldface, and the buyer can assign the contract within 15 days for a fee capped at $40. The overview also notes that, since 2020, a home warranty may not exclude coverage for rust or corrosion unless it contributed to the failure of a covered item. Contracts must tell you that the rate is not regulated by OIR.

Florida home warranty companies and availability

Illinois - Illinois Department of Insurance

Service Contract Act (215 ILCS 152)

Illinois regulates home warranty contracts under the Service Contract Act (215 ILCS 152), which the Department of Insurance enforces. The Act covers contracts to repair, replace or maintain home systems. Providers that comply are exempt from the Insurance Code, but a contract can be sold only if financial requirements are met, such as coverage under a reimbursement insurance policy, and providers must register before selling. In 2014 the Department warned consumers about a company selling home warranty contracts in violation of those requirements.

Illinois home warranty companies and availability

Iowa - Iowa Insurance Division

Residential service contracts (Iowa Code chapter 523C)

Iowa regulates home warranties as residential service contracts under Iowa Code chapter 523C and Iowa Administrative Code chapter 191-103. The Insurance Division licenses the companies that issue them and publishes a searchable list of licensed residential service contract companies. Under section 523C.7, a contract must spell out its exclusions, coverage period and service-time limits and include a notice that the issuer is subject to Insurance Division regulation and that unresolved complaints can be sent there. Warranties sold at retail with an appliance are outside the chapter.

Iowa home warranty companies and availability

Louisiana - Louisiana Secretary of State

Home service contract providers register with the Secretary of State (La. R.S. 51:3141 to 3146)

Louisiana's home service contract law, enacted in 2015 as Chapter 57 of Title 51 (R.S. 51:3141 to 3146), moved regulation of home service contract providers from the Department of Insurance to the Secretary of State and says the sale of a home service contract is not insurance and is exempt from the Louisiana Insurance Code. A provider of a home service contract sold in Louisiana files an application for registration with the Secretary of State. The Secretary of State's current form (revised January 2025) lists a surety bond of $50,000, a $600 initial filing fee, a registration lasting two years and a $250 renewal fee. A 2024 bill (HB 841) proposed moving the duty back to the Department of Insurance, and we did not confirm its outcome, but the Secretary of State's 2025 form shows it still handles registration.

Louisiana home warranty companies and availability

Massachusetts - Massachusetts Division of Insurance and Attorney General

Service contract provider registration (G.L. c. 175, 149M-X) and Chapter 93A

Massachusetts requires providers of home and consumer goods service contracts to register with the Division of Insurance and renew every three years under G.L. c. 175, sections 149M to 149X. The Division says service contract sellers, administrators and marketers are subject to the state's law against unfair or deceptive acts in the business of insurance, and complaints can go to its Consumer Services Unit. The Attorney General's regulation 940 CMR 3.08, issued under Chapter 93A, treats failing to disclose a service contract charge clearly and conspicuously as an unfair or deceptive practice. Chapter 93A can bring multiple damages and attorney's fees.

Massachusetts home warranty companies and availability

Nebraska - Nebraska Department of Insurance (registration program for home service contracts not found)

Service contracts are not insurance under Neb. Rev. Stat. 44-102.01

Nebraska Revised Statute 44-102.01 says that for purposes of Chapter 44 insurance does not include a service contract, and its definition of a service contract includes agreements to furnish, arrange for or reimburse service, repair or replacement of the components, parts or systems of a covered residential dwelling or consumer product. Motor vehicle service contracts are regulated separately (Neb. Rev. Stat. 44-3520 to 44-3527). We did not find a registration or licensing program for home service contracts. Ask the Department of Insurance whether a company must be registered.

Nebraska home warranty companies and availability

New Hampshire - New Hampshire Insurance Department

Consumer guaranty contracts (RSA 415-C)

The New Hampshire Insurance Department says sales of consumer guaranty contracts, which include home service contracts, are governed by RSA 415-C and require registration. Under Senate Bill 515, effective January 1, 2025, offerors must file their contract forms and annual lists of administrators and sellers, and marketing standards were tightened. The Department has taken action against home warranty sellers, including a cease and desist order against Amazon Home Warranty for selling without registration (Docket INS 23-023-EP). It advises consumers to contact it to confirm that a company is registered and has proof of solvency.

New Hampshire home warranty companies and availability

New Mexico - New Mexico Office of Superintendent of Insurance (OSI)

Service Contract Regulation Act (NMSA 59A-58)

New Mexico regulates service contracts, including residential system and appliance contracts, under the Service Contract Regulation Act. OSI's guidance says a provider must register with OSI before it issues, sells or offers a service contract in the state. The enacted 2001 bill lets the superintendent require a deposit such as a surety bond, and it says a service contract is void and the price refundable if the holder has made no claim and returns the contract. Service contracts are generally outside the New Mexico Insurance Code, so a provider does not need an insurance license. We did not find an OSI rule written specifically for home warranty companies.

New Mexico home warranty companies and availability

New York - New York Department of Financial Services (DFS)

Service contracts under Article 79 of the Insurance Law

New York's Insurance Law Article 79 regulates service contracts. Section 7902 defines a service contract as an agreement, for extra consideration and a set term, to repair, replace or maintain property or to indemnify for those costs. Department of Financial Services opinions say a home warranty sold by a company outside the chain of sale generally must be registered with the Superintendent as a service contract provider, that the provider must show financial responsibility (a funded reserve with a security deposit, a net worth of at least $100 million, or reimbursement insurance), that contracts and rates are not filed with the Department, and that maintenance agreements fall outside Article 79. Section 7905(j) requires each contract to state its transfer terms. The opinions date from 2000 to 2008, and whether a particular home product is a warranty or a service contract depends on its terms, so ask the Department about a specific company.

New York home warranty companies and availability

North Dakota - North Dakota Insurance Department (role for property service contracts not confirmed)

Property service contracts exempt from the insurance title (2001 Senate Bill 2318)

North Dakota's 2001 Senate Bill 2318 (chapter 107 of the session laws, titled Property Service Contracts) says that marketing, selling, issuing or administering a property service contract is not subject to title 26.1, the insurance title. A property service contract is an agreement for a separate charge and a set term covering repair, replacement or maintenance after a failure from defects or normal wear, and the covered property may include residential appliances and residential systems such as plumbing, electrical, heating, cooling and ventilation. We did not retrieve the current codified section and we found no registration program, so confirm with the Insurance Department how a given company is treated.

North Dakota home warranty companies and availability

Oklahoma - Oklahoma Insurance Department (OID)

Service Warranty Act (Title 15, section 141.1 and following)

The Oklahoma Insurance Department says a company needs an OID license to solicit, negotiate or sell home warranty service contracts, and it advises buyers to call the department to verify a license first. OID has issued cease and desist orders against unlicensed sellers, including First Premier Home Warranty Corporation after consumer complaints. In a 2020 consent order OID addressed Home Warranty Administrator of Oklahoma, which the order identifies as doing business as Choice Home Warranty, after its license had lapsed. Bulletin 2024-06 describes license application changes effective November 1, 2024 under Senate Bill 541.

Oklahoma home warranty companies and availability

Oregon - Oregon Division of Financial Regulation (DFR)

Service contract law (ORS 646A.150 and following)

Oregon requires a service contract obligor to register with the Division of Financial Regulation before it issues, sells or offers a contract. The registration form lists proof-of-financial-stability options, including a $25,000 surety bond that applies to home service agreements, and it requires the company to file its contracts, though DFR does not pre-approve them. DFR has acted against Choice Home Warranty's parent: in Case INS-22-0058 the Director issued a cease and desist order and assessed civil penalties against CHW Group Inc., doing business as Choice Home Warranty, and American Global Obligors Inc., under a consent order in which the companies neither admitted nor denied the findings. DFR listed the order in its Taking Action report for the first two quarters of 2025.

Oregon home warranty companies and availability

Texas - Texas Department of Licensing and Regulation (TDLR)

Service contract providers under Occupations Code Chapter 1304

Texas regulates residential service contracts through the Texas Department of Licensing and Regulation. TDLR's 2024 rulemaking notice says House Bill 1560 (2021) repealed the former Residential Service Company Act (Occupations Code Chapter 1303) and amended Chapter 1304 to include residential service contracts. Older legislative analyses describe the structure: a provider must register with TDLR, pay annual fees and show financial security. Those analyses predate the 2021 change, so confirm current requirements with TDLR before relying on them.

Texas home warranty companies and availability

Utah - Utah Insurance Department

Home protection service contract providers (Utah Code Title 31A, Chapter 6a)

The Utah Insurance Department licenses home protection service contract providers, also called home warranty providers, which sell contracts covering a home's components, systems and appliances. Utah Code 31A-6a-104 requires a provider's contracts to be backed by a reimbursement insurance policy and to include specific statements about that policy and the Insurance Department's limited regulation. Older versions of the chapter also require an annual registration fee and record retention; check the current code for those details.

Utah home warranty companies and availability

Virginia - Virginia Department of Agriculture and Consumer Services (Commissioner of Agriculture and Consumer Services); Attorney General for consumer complaints

Home Service Contract Providers (Va. Code 59.1-434.1 and following)

Virginia regulates home service contract providers under Chapter 33.1 of Title 59.1 of the Code (sections 59.1-434.1 and following), which is administered by the Commissioner of Agriculture and Consumer Services, not the Bureau of Insurance. Providers register with the Commissioner (section 59.1-434.2). The Code defines a home service contract as a contract for a separately stated price, for any duration, to perform the service, repair, replacement or maintenance of property, or to indemnify the cost of it, after an operational failure from a defect in materials or workmanship, an inherent defect or normal wear and tear. Section 59.1-434.7 says home service contracts are not contracts of insurance and are not regulated under Title 38.2, and a provider with a net worth above $100 million is exempt from the chapter. Title 38.2, Chapter 26 keeps a separate framework for home protection insurance contracts.

Virginia home warranty companies and availability

Wisconsin - Wisconsin Office of the Commissioner of Insurance (OCI)

Warranty plans (Ins 15.01) and service contract providers (Wis. Stat. 616.54)

Wisconsin's OCI treats home warranties as warranty plans and property service contracts. Administrative rule Ins 15.01 tells the commissioner to condition a warrantor's limited certificate of authority on security that protects Wisconsin consumers if the warrantor becomes insolvent. OCI's property service contract application cites Wis. Stat. 616.54 and sets baseline financial security at $50,000 plus 15% of provider fees on unexpired contracts, rising to 22.5% when an administrator is used. In 2018 OCI warned consumers about Secure Home Warranty, which it said sold plans online without the required certificate of authority.

Wisconsin home warranty companies and availability

General service contract law

Alabama - Alabama Department of Insurance

Service contract law (Code of Alabama, Title 8, Chapter 32)

Alabama regulates service contracts under Title 8, Chapter 32 of the Code of Alabama. According to the Alabama Department of Insurance, people selling service contracts must register with the Commissioner of Insurance. We could not confirm how the chapter classifies home warranty providers specifically, so ask the department whether a company holds a registration.

Alabama home warranty companies and availability

Arkansas - Arkansas Insurance Department

Service Contracts Act (registration, not insurance)

Arkansas treats service contracts as outside the Insurance Code. Under the Service Contracts Act and the Insurance Department's rule, providers of contracts issued on or after October 1, 2007 must register with the Arkansas Insurance Department unless exempt. The department keeps a page of registered service contract providers.

Arkansas home warranty companies and availability

Georgia - Georgia Office of Commissioner of Insurance

Title 33 of the Georgia Code; surety bond requirement

We did not find a single Georgia statute that sets out a home warranty rulebook. Georgia's Office of Commissioner of Insurance does enforce a surety bond requirement under Title 33: in April 2024 it issued a cease and desist order barring Choice Home Warranty from selling in Georgia after the company failed to post a required bond of at least $100,000. We have not confirmed whether that order has been lifted, so check a company's status with the department before you buy.

Georgia home warranty companies and availability

Hawaii - Hawaii Insurance Division (Department of Commerce and Consumer Affairs)

Service contract registration (Hawaii Revised Statutes Chapter 481X)

Hawaii has a service contract law, Chapter 481X of the Hawaii Revised Statutes, that covers registration, financial responsibility, required disclosures and refunds, and the administrative rules set provider registrations to expire each July 15 unless renewed. The 2000 act that created the framework excludes express or implied warranties and maintenance agreements, so we could not confirm how a home warranty is classified. Ask the Insurance Division whether a company is registered.

Hawaii home warranty companies and availability

Kentucky - Kentucky Department of Insurance

Registration of consumer product service contracts (806 KAR 5:060)

Kentucky's Department of Insurance requires makers of non-automobile service contracts, which the regulation calls service contracts for consumer products, to register under 806 KAR 5:060, which implements KRS 304.5-070(1)(q). A maker shows financial security with a net worth of at least $100 million or an insurance policy or performance bond for $50,000 or 25 percent of its annual revenue from Kentucky service contracts, whichever is greater, and updates its registration each year. A 2016 act (Senate Bill 58) says a consumer product service contract is not insurance if the maker registers and provides the required evidence. We did not confirm that a home warranty is a consumer product service contract in the regulation's terms, so ask the Department.

Kentucky home warranty companies and availability

Minnesota - Minnesota Department of Commerce

Service contracts statute (Minnesota Statutes chapter 59B)

Minnesota's Chapter 59B sets a legal framework for selling service contracts, with the Commerce Commissioner as the regulator, including transaction requirements, required disclosures, prohibited acts and reimbursement insurance. Service contract providers are exempt from the state's other insurance laws except as section 72A.20, subdivision 38 provides. The chapter exempts warranties, maintenance agreements, and warranties, service contracts or maintenance agreements offered by public utilities or their affiliates, and we did not find a provision written specifically for home warranties. Confirm with the Department of Commerce whether a given home warranty product falls under Chapter 59B.

Minnesota home warranty companies and availability

Missouri - Missouri Department of Commerce and Insurance

Service contract provider registration (RSMo 385.300 to 385.320)

Missouri makes it unlawful to issue, sell or offer a service contract unless each provider has registered with the Director of the Department of Commerce and Insurance (RSMo 385.302). Rule 20 CSR 200-18.110 requires registration before issuing any contract and annually between January 1 and February 1, with a $300 fee, and it limits the term provider to the party contractually obligated to perform. Financial security options include an insurance policy, a funded reserve, a surety bond or a minimum net worth. We did not confirm whether residential home warranty companies are classified as service contract providers under the chapter, so ask the Department.

Missouri home warranty companies and availability

Montana - Montana Commissioner of Securities and Insurance (administering agency for the service contract part not confirmed)

Service contracts part of the unfair trade practices chapter (MCA 30-14-1301 to 1304)

Montana's Code Annotated has a Service Contracts part (Title 30, chapter 14, part 13, sections 30-14-1301 to 30-14-1304) in the unfair trade practices and consumer protection chapter. It covers definitions, requirements for conducting business and required disclosures. Under section 30-14-1302 a provider must meet one of three financial security options, such as insuring its contracts with a licensed insurer or holding a funded reserve account, and no other financial security may be required. We could not retrieve the definition section, so we could not confirm that it reaches home warranties, and we did not confirm which agency administers the part. The Commissioner of Securities and Insurance can say whether a company is registered or licensed.

Montana home warranty companies and availability

Nevada - Nevada Division of Insurance

Service contract registration (NRS Chapter 690C)

Under NRS 690C.150, a service contract provider needs a certificate of registration from the Commissioner of Insurance before issuing, selling or offering service contracts in Nevada. The chapter also sets financial security, contract provisions such as cancellation and refunds, and examinations and penalties. The Division of Insurance has treated home warranty sellers as service contract providers: in 2017 it cautioned Nevadans about Secure Home Warranty, an unregistered service contract provider, and it publishes cease and desist orders against unregistered providers. A 2019 bill (SB 357) would have added home warranty protection plans to the chapter expressly; the chapter text we found has no home warranty clause, so we could not confirm that it was enacted.

Nevada home warranty companies and availability

Rhode Island - Rhode Island Department of Business Regulation (role not confirmed)

Consumer service contracts are not insurance (R.I. Gen. Laws 6-57-2)

Rhode Island General Laws section 6-57-2, in the Consumer Service Contracts chapter of Title 6, says the offering, sale or issuance of a service contract, vehicle theft protection product warranty or maintenance agreement is not insurance and is not subject to the state insurance laws unless made expressly applicable. The chapter came from 2019 House Bill 5674, signed on July 15, 2019 and effective January 1, 2020, according to an Orrick summary. We did not find provisions in the chapter that register or license providers, did not confirm which agency, if any, oversees home warranty companies, and did not confirm whether the chapter treats a home warranty as a service contract.

Rhode Island home warranty companies and availability

South Carolina - South Carolina Department of Insurance

Service contracts (S.C. Code Title 38, Chapter 78)

South Carolina's Title 38, Chapter 78 creates a legal framework for selling service contracts. Each provider of service contracts sold in the state files a registration with the Director of the Department of Insurance, must insure its contracts under a reimbursement policy or keep a funded reserve or financial security deposit, and apart from registration is exempt from state licensing requirements. Section 38-78-10 excludes warranties and maintenance agreements as the chapter defines them, and the Department's FAQ says a warranty is made solely by the manufacturer, importer or seller without a separate charge. We could not confirm whether a particular home warranty plan falls inside or outside the chapter, so check the contract and ask the Department whether the company is registered.

South Carolina home warranty companies and availability

Vermont - Vermont Department of Financial Regulation (DFR)

Service contracts (8 V.S.A. sections 4247 to 4250)

Vermont regulates service contracts and extended warranties sold to consumers under Title 8, Chapter 113, Subchapter 4. The statute says these contracts are not insurance and that their sellers are not insurance agents. DFR guidance says providers must register with the department for a three-year period for a $600 fee and show financial stability, for example through a reserve account and deposit or a surety bond (8 V.S.A. section 4249). Section 4248 exempts warranties, maintenance agreements and commercial transactions. We did not find a rule written specifically for home warranty companies.

Vermont home warranty companies and availability

Washington - Washington Office of the Insurance Commissioner (OIC)

Service contracts (RCW 48.110)

Chapter 48.110 RCW says a person may not act as a service contract provider, and a service contract may not be sold to a consumer, unless the provider holds a valid registration from the Insurance Commissioner. The OIC's registration form (dated May 15, 2024) lists a $250 non-refundable application fee and says the chapter registers the obligor, not administrators. The chapter separates a service contract, sold for consideration over and above the price of the property, from a warranty, which a manufacturer, importer or seller makes without separate consideration. We did not confirm how the chapter treats each home warranty product, so confirm registration with the OIC before you buy.

Washington home warranty companies and availability

Wyoming - Wyoming Department of Insurance

Service contracts (W.S. 26-49-101 and following)

The Wyoming Department of Insurance says all providers of service contracts sold in Wyoming must register under W.S. 26-49-101 and following. Providers choose one of three financial assurance methods: a reimbursement insurance policy, a funded reserve of at least 40 percent of gross consideration less claims paid, or a net worth of $100 million. Registered providers can market contracts without a prior review of their forms, though new applications include specimen forms. Providers file annual renewals before September 1 with a balance sheet, an income statement, a Faithful Performance Verification Form and a $200 fee. Chapter 49 excludes mechanical breakdown insurers licensed under W.S. 26-37-106. We did not confirm how the department classifies each home warranty product.

Wyoming home warranty companies and availability

Not insurance, no registration program found

Delaware - Delaware Department of Insurance and Department of Justice

Service contracts are not insurance (Del. Code tit. 18)

A 2019 Delaware law (HB 106) amended Title 18 to say that offering or issuing a service contract is not insurance unless a law expressly applies insurance rules. The sponsors described it as codifying existing practice, and Delaware has no dedicated licensing program for service contract providers that we could find.

Delaware home warranty companies and availability

Idaho - Idaho Department of Insurance and Attorney General

No home warranty statute found

We did not find an Idaho statute that specifically regulates home warranty contracts. Idaho Code 41-114A defines a service contract, and Idaho's detailed service contract rules in Title 41, Chapter 62 apply to motor vehicle service contracts. Without a dedicated statute, general consumer protection law applies, so keep the contract and every claim record in writing.

Idaho home warranty companies and availability

Kansas - Kansas Insurance Department and Attorney General

Service contracts exempt from insurance regulation (K.S.A. 40-201a)

Kansas statute K.S.A. 40-201a says that marketing, selling, issuing and administering a service contract is not the business of insurance and is exempt from insurance regulation under Chapter 40. It defines a service contract as an agreement, sold for separate consideration and a set term, to service, repair, replace or maintain structural components, appliances, utility systems or other property. The exemption does not cover coverage that belongs in a property or liability insurance contract. We found no registration program, so general consumer protection and fraud laws, enforced by the Attorney General, are the main protection.

Kansas home warranty companies and availability

Maryland - Maryland Attorney General (no registration program found)

Maryland Service Contracts and Consumer Products Guaranty Act (Commercial Law Title 14)

Maryland's Service Contracts and Consumer Products Guaranty Act sets disclosure and refund rules: according to the Maryland Department of Labor, a service contract must be in writing and state its duration, price and covered items, a buyer can cancel within 20 days of receiving the contract, and gets a full refund within 45 days if no claim was made. The Act's definition excludes guaranties, certain maintenance agreements and mechanical breakdown insurance. Montgomery County's Office of Consumer Protection says Maryland does not require home warranty companies to register and that the Attorney General can seek injunctions against providers that violate the Act. A separate law on residential service agreements (Real Property 14-801 and following) excludes home warranties from its definition, according to an industry advisory from the Commissioner of Financial Regulation.

Maryland home warranty companies and availability

Michigan - Michigan Department of Insurance and Financial Services (role not confirmed)

Service contracts are not insurance (MCL 500.125)

Michigan's 2014 Public Act 110 added section 125 to the Insurance Code, which says a service contract is not insurance or the business of insurance and is not subject to the Insurance Code. The section defines a service contract as a written contract, sold for stated consideration for a specific duration, that provides repair, replacement or maintenance of a consumer product after an operational or structural failure, among other items. We did not find a Michigan licensing or registration program for home warranty companies. Other state laws, such as the Consumer Protection Act, still apply.

Michigan home warranty companies and availability

New Jersey - New Jersey Attorney General and Division of Consumer Affairs (administering agency not confirmed)

Service Contracts Act (N.J.S.A. 56:12-87 and following): not insurance

New Jersey's Service Contracts Act (P.L. 2013, c. 197, N.J.S.A. 56:12-87 and following) says service contracts are not insurance and are not regulated under Title 17. It exempts manufacturer warranties, maintenance agreements and service contracts on property priced at $250 or less, and requires a provider either to insure its contracts with a reimbursement policy or to state that its obligations are backed by its full faith and credit. A 2022 law (P.L. 2022, c. 91) bars providers from using the words guaranty or warranty unless they disclose that the product is a separate service contract, with a home-specific form of that disclosure. We did not find a registration program and did not confirm which agency enforces the Act. New Jersey's Attorney General has acted against a home warranty seller: Law360 reported in 2015 that the office ordered CHW Group Inc., doing business as Choice Home Warranty, to pay nearly $780,000. New homes are covered by a separate state New Home Warranty program run by the Department of Community Affairs.

New Jersey home warranty companies and availability

North Carolina - North Carolina Attorney General (Consumer Protection Division); Department of Insurance does not regulate sellers

Home service agreements under G.S. 66-371 to 66-373

The North Carolina Department of Insurance says that since October 1, 2007 service agreements on home appliances fall under General Statutes 66-371, 66-372 and 66-373, and that the department does not regulate the companies that sell them. It sends complaints to the Attorney General's Consumer Protection Division. A separate category, real property warranties, requires a surety bond filed with the Secretary of State under G.S. 58-1-20, per the department's page. Bills to add disclosure and cancellation rules for home warranties were introduced in 2024 (House Bill 957) and 2025 (House Bill 203); we did not confirm that either became law.

North Carolina home warranty companies and availability

Ohio - Ohio Attorney General (Consumer Protection); Ohio Department of Insurance has no home warranty program we could confirm

Home service contracts are not insurance (R.C. 3905.422) and fall under the Consumer Sales Practices Act

Ohio Revised Code 3905.422 says a home service contract is not insurance and its sale is not governed by Ohio's insurance laws, unless a licensed property and casualty insurer issues it as a policy. The same section makes the sale a consumer transaction under Chapter 1345, the Consumer Sales Practices Act. The Ohio Attorney General has used that law against home warranty sellers: the office sued Amazon Home Warranty and Amazon Warranty Administrators over alleged failures to honor contracts, and its newsletter said one company was not registered with the Secretary of State as state law requires. A 2011 code version lists the former home warranty company chapter (3957) as repealed.

Ohio home warranty companies and availability

Pennsylvania - Pennsylvania Attorney General (Bureau of Consumer Protection) for complaints; the Insurance Department says it does not regulate home warranties

Not regulated by the Insurance Department; consumer protection law applies

The Pennsylvania Insurance Department's homeowners guide states that home warranties are not regulated by the Department. We did not find a Pennsylvania statute that licenses home warranty companies; House Bill 1774 (2009-2010) was described in the House archives as clarifying that service contracts are not insurance products, and we could not confirm that it became law. The Attorney General's Bureau of Consumer Protection takes consumer complaints, so the contract terms and the state consumer protection law are the main protections. Read the contract and keep claim records in writing.

Pennsylvania home warranty companies and availability

South Dakota - South Dakota Division of Insurance (role for home service contracts not confirmed)

Service agreements and extended warranty plans exempt from insurance regulation (SDCL 58-1-3)

A 2006 South Dakota session law (chapter 249, House Bill 1044) amended SDCL 58-1-3, the list of activities exempt from insurance regulation, to include service agreements and extended warranty plans whose main purpose is service, repair or replacement of consumer goods, including appliances, even if they make incidental indemnity payments when repair or replacement is not feasible or economical. We could not retrieve the current codified text, did not confirm that it reaches home systems such as plumbing or HVAC, and found no registration program. Ask the Division of Insurance whether a company must be licensed, and keep your contract and claim records in writing.

South Dakota home warranty companies and availability

West Virginia - West Virginia Offices of the Insurance Commissioner

Warranties and service contracts exempt from the insurance chapter (W. Va. Code 33-4-2)

West Virginia Code 33-4-2 says the insurance chapter does not apply to warranties, service contracts or maintenance agreements, and it defines a service contract as an agreement for separately stated consideration and a specified term under which a provider repairs, replaces or maintains a product. The Offices of the Insurance Commissioner say they do not regulate exempted service contracts, and that a product offering greater indemnification than those definitions allow may be considered insurance. A 2020 act (House Bill 4149) clarified the definitions. We did not confirm how the Code classifies each home warranty plan, so ask the Commissioner's office before you buy.

West Virginia home warranty companies and availability

Not confirmed

Indiana - Indiana Department of Insurance

Automobile service contract statute; Department bulletins on other service contracts

Indiana's service contract statute, IC 27-1-43.2 (added by Public Act 129 of 2014), says automobile service contracts are generally not insurance. The Department of Insurance's Bulletin 210 (June 2014) says the approach in its earlier Bulletin 78 continues to apply to service contracts that are insurance under Indiana law and are not covered by that act, including many contracts covering homes, personal goods and utilities. We did not find an Indiana statute written for home warranties or a registration program for them, and the bulletin dates from 2014, so ask the Department how it treats a specific company's contract.

Indiana home warranty companies and availability

Maine - Maine Bureau of Insurance

Home service contracts are separate from the Service Contract Act

The Maine Bureau of Insurance says the state's Service Contract Act does not apply to home service contracts. Maine's 2011 act (P.L. 2011, chapter 345) added a home service contract category to the insurance definitions in 24-A M.R.S. section 3, defined as a contract that, for a set fee and duration, defrays the cost of repair or replacement of home structural components, appliances or systems. Bills in the Legislature, including LD 1829 (115th Legislature), have proposed moving oversight of home service contracts from the Real Estate Commission to the Bureau of Insurance, and we did not confirm what was enacted. Ask the Bureau who regulates a particular company.

Maine home warranty companies and availability

Mississippi - Mississippi Insurance Department and Attorney General (role not confirmed)

Consumer Protection Act applies; licensing not confirmed

Mississippi's former home warranty association statutes were repealed in 2003 according to the legislative history we found, and a 2006 bill describes existing law as treating the marketing, sale and administration of service contracts as outside the insurance code and subject to the Mississippi Consumer Protection Act. Two 2003 bills proposed the same treatment: Senate Bill 2458 died in a House committee, and we did not confirm the outcome of House Bill 1073. We could not retrieve the current Code section, so we could not confirm a current home warranty licensing program. Ask the Insurance Department.

Mississippi home warranty companies and availability

Tennessee - Tennessee Department of Commerce and Insurance (TDCI)

Insurance definition in T.C.A. 56-7-101 applied case by case

Tennessee has no home warranty statute that we found. Instead, the state asks whether a given contract meets the definition of insurance in T.C.A. 56-7-101. The Attorney General's Opinion 10-85 treated certain home foundation warranties as insurance, and a TDCI interpretive opinion (05-14) said a warranty covering excess water charges may or may not be insurance depending on the incident, while a contract paying hotel costs is insurance. In 2019 TDCI advised buyers to research the company, read the full statement of coverage and compare warranties before choosing.

Tennessee home warranty companies and availability

How to Use This in a Dispute

  1. 1
    Check the company before you buy. Where a state keeps a registry or license list, confirm the company is on it. The NAIC directory links to every state insurance department.
  2. 2
    Use the right agency. The regulator in the table is where our sources point. Several states say the insurance department does not handle these contracts; there the Attorney General's consumer protection office is the usual place to file.
  3. 3
    Cite the statute in your complaint. Name the statute from the state note above and attach your contract, claim number and the written denial. Then follow the steps in how to fight a denial.

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