§ 543B.49 — Injunctive relief

Iowa § 543B.49

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 543B: REAL ESTATE BROKERS AND SALESPERSONS

Text

1. In addition to the penalty and complaint provisions of sections 543B.43, 543B.44, and
543B.48, an injunction may be granted through an action in district court to prohibit a person
from engaging in an activity which violates the provisions of section 543B.1. The court shall
grant a permanent or temporary injunction if it appears to the court that a violation has
occurred or is imminently threatened. The plaintiff is not required to show that the violation
or threatened violation would greatly or irreparably injure the plaintiff. No bond shall be
required of the plaintiff unless the court determines that a bond is necessary in the public
interest. The action for injunctive relief may be brought by an affected person. For the
purposes of this section, “affected person” means any person directly impacted by the actions
ofapersonsuspectedofviolatingtheprovisionsofsection543B.1,includingbutnotlimitedto
the commission created in section 543B.8, a person who has utilized the services of a person
suspected of violating the provisions of section 543B.1, or a private association composed
primarily of members practicing a profession for which licensure is required pursuant to this
chapter.
2. If successful in obtaining injunctive relief, the affected person shall be entitled to
actual costs and attorney fees. For the purposes of this section, “actual costs” means those
costs other than attorney fees which were actually incurred in connection with the action,
including but not limited to court and witness fees, investigative expenses, travel expenses,
legal research expenses, and other related fees and expenses.