Text: SF02188 Text: SF02190 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 SENATE FILE 2189
1 2
1 3 AN ACT
1 4 CONFERRING ADDITIONAL ENFORCEMENT AUTHORITY ON THE REAL ESTATE
1 5 COMMISSION, AND PROVIDING PENALTIES.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 543B.34, unnumbered paragraph 1, Code
1 10 2003, is amended to read as follows:
1 11 The real estate commission may upon its own motion and
1 12 shall upon the verified complaint in writing of any person, if
1 13 the complaint together with evidence, documentary or
1 14 otherwise, presented in connection with the complaint makes
1 15 out a prima facie case, request commission staff or any other
1 16 duly authorized representative or designee to investigate the
1 17 actions of any real estate broker, real estate salesperson, or
1 18 other person who assumes to act in either capacity within this
1 19 state, and may suspend or revoke a license issued under this
1 20 chapter at any time if the licensee has by false or fraudulent
1 21 representation obtained a license, or if the licensee or other
1 22 person assuming to act in the capacity of a real estate broker
1 23 or real estate salesperson, except for those actions exempt
1 24 pursuant to section 543B.7, is found to be guilty of any of
1 25 the following:
1 26 Sec. 2. Section 543B.34, Code 2003, is amended by adding
1 27 the following new unnumbered paragraph:
1 28 NEW UNNUMBERED PARAGRAPH. If an investigation pursuant to
1 29 this section reveals that an unlicensed person has assumed to
1 30 act in the capacity of a real estate broker or real estate
1 31 salesperson, the commission may issue a cease and desist
1 32 order, and may impose a civil penalty of up to the greater of
1 33 ten thousand dollars or ten percent of the real estate sale
1 34 price.
1 35 Sec. 3. NEW SECTION. 543B.49 INJUNCTIVE RELIEF.
2 1 1. In addition to the penalty and complaint provisions of
2 2 sections 543B.43, 543B.44, and 543B.48, an injunction may be
2 3 granted through an action in district court to prohibit a
2 4 person from engaging in an activity which violates the
2 5 provisions of section 543B.1. The action for injunctive
2 6 relief may be brought by an affected person. For the purposes
2 7 of this section, "affected person" means any person directly
2 8 impacted by the actions of a person suspected of violating the
2 9 provisions of section 543B.1, including but not limited to the
2 10 commission created in section 543B.8, a person who has
2 11 utilized the services of a person suspected of violating the
2 12 provisions of section 543B.1, or a private association
2 13 composed primarily of members practicing a profession for
2 14 which licensure is required pursuant to this chapter.
2 15 2. If successful in obtaining injunctive relief, the
2 16 affected person shall be entitled to actual costs and attorney
2 17 fees, unless the person suspected of violating a provision of
2 18 section 543B.1 prevails in any application for permanent
2 19 injunctive relief. For the purposes of this section, "actual
2 20 costs" means those costs other than attorney fees which were
2 21 actually incurred in connection with the action, including but
2 22 not limited to court and witness fees, investigative expenses,
2 23 travel expenses, legal research expenses, and other related
2 24 fees and expenses.
2 25
2 26
2 27
2 28 JEFFREY M. LAMBERTI
2 29 President of the Senate
2 30
2 31
2 32
2 33 CHRISTOPHER C. RANTS
2 34 Speaker of the House
2 35
3 1 I hereby certify that this bill originated in the Senate and
3 2 is known as Senate File 2189, Eightieth General Assembly.
3 3
3 4
3 5
3 6 MICHAEL E. MARSHALL
3 7 Secretary of the Senate
3 8 Approved , 2004
3 9
3 10
3 11
3 12 THOMAS J. VILSACK
3 13 Governor
Text: SF02188 Text: SF02190 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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