§ 29-4-1206 — Remedies for noncompliance

Colorado § 29-4-1206

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Housing

Text

(1) (a) Notwithstanding
subsection (1)(b) of this section and subject to the availability of resources, it is the
responsibility of the attorney general's office to enforce the provisions of this part
12, and the attorney general may intervene in any action brought pursuant to
subsection (1)(b) of this section.

(b) The attorney general's office, the local government, or the local
government's assignee may bring a civil action against a residential seller for any
violation of this part 12.

(c) The remedies for any action brought pursuant to this subsection (1) are
limited to monetary damages and statutory penalties against the residential seller.
Any person claiming an interest in an applicable qualifying property through a
residential seller shall take title to the applicable qualifying property free of any
rights or claims set forth in this part 12.

(2) If a court finds that a residential seller is in material violation of this part
12, the court shall award a statutory penalty that is not less than ten thousand
dollars for a first offense and not less than thirty thousand dollars for any
subsequent offenses; except that the court shall not award a statutory penalty that
is more than one hundred thousand dollars.

(3) A court may also award reasonable attorney fees and costs to a
prevailing party.

(4) The remedies provided in this section are the sole and exclusive remedies
pursuant to a civil action brought pursuant to this section for a violation of this part
12 by a residential seller.

Legislative History

Source: L. 2024: Entire part added, (HB 24-1175), ch. 286, p. 1917, � 1, effective August 7.