Section 32-28-12.5-19 - Owner not providing required notice or certification at closing; civil action; damages; defenses(a) If any party, including a broker company, buyer, or buyer's mortgagee suffers a pecuniary loss as the result of an owner's violation of the notice or certification provisions described in section 7 of this chapter, the party may bring a civil action against the owner for the following: (2) The costs of the action.(3) Reasonable attorney's fees. However, if the party establishes that the owner's violation of the notice or certification provisions was fraudulent, a court may award the party damages that do not exceed three (3) times actual damages.
(b) It is a defense to an action brought under this section that the most recent address provided by the broker company to the owner in the agreement, contract, or other written instrument, including a written instrument described in section 5 of this chapter, was incorrect, and as a result of the incorrect address, the principal broker did not receive the owner's notice described in section 7(b) of this chapter, and as a result the broker company failed to provide the notice as required in section 7(c) of this chapter.Amended by P.L. 116-2015, SEC. 36, eff. 7/1/2015.Amended by P.L. 127-2012, SEC. 63, eff. 7/1/2014.As added by P.L. 78-2006, SEC.1.