Text: HF02487 Text: HF02489 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 543B.34, unnumbered paragraph 1, Code 1 2 2003, is amended to read as follows: 1 3 The real estate commission may upon its own motion and 1 4 shall upon the verified complaint in writing of any person, if 1 5 the complaint together with evidence, documentary or 1 6 otherwise, presented in connection with the complaint makes 1 7 out a prima facie case, request commission staff or any other 1 8 duly authorized representative or designee to investigate the 1 9 actions of any real estate broker, real estate salesperson, or 1 10 other person who assumes to act in either capacity within this 1 11 state, and may suspend or revoke a license issued under this 1 12 chapter at any time if the licensee has by false or fraudulent 1 13 representation obtained a license, or if the licensee or other 1 14 person assuming to act in the capacity of a real estate broker 1 15 or real estate salesperson, except for those actions exempt 1 16 pursuant to section 543B.7, is found to be guilty of any of 1 17 the following: 1 18 Sec. 2. Section 543B.34, Code 2003, is amended by adding 1 19 the following new unnumbered paragraph: 1 20 NEW UNNUMBERED PARAGRAPH. If an investigation pursuant to 1 21 this section reveals that an unlicensed person has assumed to 1 22 act in the capacity of a real estate broker or real estate 1 23 salesperson, the commission may issue a cease and desist 1 24 order, and may impose a civil penalty of up to the greater of 1 25 ten thousand dollars or ten percent of the real estate sale 1 26 price. 1 27 Sec. 3. NEW SECTION. 543B.49 INJUNCTIVE RELIEF. 1 28 1. In addition to the penalty and complaint provisions of 1 29 sections 543B.43, 543B.44, and 543B.48, an injunction may be 1 30 granted through an action in district court to prohibit a 1 31 person from engaging in an activity which violates the 1 32 provisions of section 543B.1. The action for injunctive 1 33 relief may be brought by an affected person. For the purposes 1 34 of this section, "affected person" means any person directly 1 35 impacted by the actions of a person suspected of violating the 2 1 provisions of section 543B.1, including but not limited to the 2 2 commission created in section 543B.8, a person who has 2 3 utilized the services of a person suspected of violating the 2 4 provisions of section 543B.1, or a private association 2 5 composed primarily of members practicing a profession for 2 6 which licensure is required pursuant to this chapter. 2 7 2. If successful in obtaining injunctive relief, the 2 8 affected person shall be entitled to actual costs and attorney 2 9 fees. For the purposes of this section, "actual costs" means 2 10 those costs other than attorney fees which were actually 2 11 incurred in connection with the action, including but not 2 12 limited to court and witness fees, investigative expenses, 2 13 travel expenses, legal research expenses, and other related 2 14 fees and expenses. 2 15 EXPLANATION 2 16 This bill confers additional enforcement authority upon the 2 17 real estate commission. 2 18 The bill provides that if an investigation conducted 2 19 pursuant to Code section 543B.34 reveals that an unlicensed 2 20 person has assumed to act in the capacity of a real estate 2 21 broker or real estate salesperson, other than a person whose 2 22 actions are exempt pursuant to Code section 543B.7 from the 2 23 provisions of Code chapter 543B, the commission may issue a 2 24 cease and desist order, and may impose a civil penalty of up 2 25 to the greater of $10,000 or 10 percent of the real estate 2 26 sale price. 2 27 The bill also provides that an injunction may be granted 2 28 through an action in district court to prohibit a person from 2 29 engaging in an activity which violates the provisions of Code 2 30 section 543B.1. That section provides that a person shall 2 31 not, directly or indirectly, with the intention or upon the 2 32 promise of receiving any valuable consideration, offer, 2 33 attempt, agree to perform, or perform any single act as a real 2 34 estate broker whether as a part of a transaction or as an 2 35 entire transaction, or represent oneself as a real estate 3 1 broker, broker associate, or salesperson, without first 3 2 obtaining a license and otherwise complying with the 3 3 requirements of Code chapter 543B. The bill provides that the 3 4 action for injunctive relief may be brought by an affected 3 5 person, which the bill defines to mean any person directly 3 6 impacted by the actions of a person suspected of violating the 3 7 provisions of Code section 543B.1, including but not limited 3 8 to the real estate commission, a person who has utilized the 3 9 services of a person suspected of violating the provisions of 3 10 Code section 543B.1, or a private association composed 3 11 primarily of members practicing a profession for which 3 12 licensure pursuant to Code chapter 543B is required. 3 13 The bill provides that if successful in obtaining 3 14 injunctive relief, the affected person shall be entitled to 3 15 actual costs and attorney fees. The bill defines "actual 3 16 costs" as those costs other than attorney fees which were 3 17 actually incurred in connection with the action, including but 3 18 not limited to court and witness fees, investigative expenses, 3 19 travel expenses, legal research expenses, and other related 3 20 fees and expenses. 3 21 LSB 5945HV 80 3 22 rn/sh/8
Text: HF02487 Text: HF02489 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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