535C.10  Remedies.

1.  If a broker materially violates the loan brokerage agreement, the borrower may, upon written notice, void the agreement. In addition, the borrower may recover all moneys paid the broker, a penalty of twice the amount of the fee sought by the broker, other damages, and reasonable attorney's fees. A material violation includes, but is not limited to, any of the following:

a.  Making false or misleading statements relative to the agreement.

b.  Failure to comply with the agreement or the obligations arising from the agreement.

c.  Failure to either grant the borrower a loan or issue a credit card or diligently attempt to obtain a loan or credit card for the borrower.

d.  Failure to comply with the requirements of this chapter.

e.  Soliciting or obtaining, directly or indirectly, an advance fee.

2.  A violation of this chapter is a violation of the Iowa consumer fraud Act, section 714.16.

3.  Remedies under this chapter are in addition to other remedies available in law or equity.

Section History: Recent form

  83 Acts, ch 146, § 10; 93 Acts, ch 60, §18

Internal References

  Referred to in § 714.16


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