Violations; relief recoverable
section 1703(a) of this titleA purchaser or lessee may bring an action at law or in equity against a developer or agent if the sale or lease was made in violation of . In a suit authorized by this subsection, the court may order damages, specific performance, or such other relief as the court deems fair, just, and equitable. In determining such relief the court may take into account, but not be limited to, the following factors: the contract price of the lot or leasehold; the amount the purchaser or lessee actually paid; the cost of any improvements to the lot; the fair market value of the lot or leasehold at the time relief is determined; and the fair market value of the lot or leasehold at the time such lot was purchased or leased.
Enforcement of rights by purchaser or lessee
section 1703 of this titleA purchaser or lessee may bring an action at law or in equity against the seller or lessor (or successor thereof) to enforce any right under subsection (b), (c), (d), or (e) of .
Amounts recoverable
The amount recoverable in a suit authorized by this section may include, in addition to matters specified in subsections (a) and (b), interest, court costs, and reasonable amounts for attorneys’ fees, independent appraisers’ fees, and travel to and from the lot.
Contributions
Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.
Pub. L. 90–448, title XIV, § 141082 Stat. 595Pub. L. 96–153, title IV, § 40593 Stat. 1130(, , ; , , .)
Editorial Notes
Amendments
Pub. L. 96–153section 1703(a) of this title1979—Subsec. (a). substituted provisions relating to violations of and scope of relief authorized in suits brought against such violations, for provisions relating to suits for untrue statements or omissions to state material fact in statement of record.
Pub. L. 96–153Subsec. (b). substituted provisions relating to enforcement of rights by the purchaser or lessee against the seller or lessor, for provisions relating to suits by the purchaser against the developer or agent.
Pub. L. 96–153Subsec. (c). substituted provisions authorizing interest, court costs, etc., to be recoverable in suits under this section, for provisions relating to enumeration of damages recoverable in suits under this section.
Pub. L. 96–153Subsec. (d). reenacted provisions without change.
Pub. L. 96–153Subsec. (e). struck out subsec. (e) which set forth limitation on amount recoverable under this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Pub. L. 96–153section 410 of Pub. L. 96–153section 1701 of this titleAmendment by effective on effective date of regulations implementing such amendment, but in no case later than six months following , see , set out as a note under .
Effective Date
section 1423 of Pub. L. 90–448section 1701 of this titleSection effective upon the expiration of two hundred and seventy days after , see , set out as a note under .