§ 83.37 — PENALTIES; CIVIL REMEDIES

Minnesota § 83.37

• Jurisdiction: Minnesota
• Part: REAL ESTATE SALES REGULATIONS
• Ch. 83: SUBDIVIDED LANDS

Text

Subdivision 1.Civil fine.
Any person who violates section83.23,83.24,83.28,83.29, or83.44shall be subject to a fine of not more than $1,000 for each violation. A fine authorized by this subdivision may be imposed in a civil action brought by the attorney general on behalf of the state of Minnesota, and shall be deposited in the state treasury. Every person, agent, or employee of a person who materially aids in the act or transaction constituting the violation shall be liable jointly and severally with and to the same extent as the person.

Subd. 2.Misdemeanor penalty.
Any violation of sections83.20to83.42and any failure to comply with any provisions of sections83.20to83.42not enumerated in subdivision 1 shall be a misdemeanor.

Subd. 3.Failure to pay fees.
Any person who fails to pay the filing or inspection fees required by sections83.20to83.42,83.43and83.44, and continues to dispose of or offers to dispose of subdivided lands, is liable civilly in an action brought by the attorney general on behalf of the commissioner for a penalty in an amount equal to treble the unpaid fees.

Subd. 4.Prohibited practices; remedies.
In the event of any prohibited practice as set forth in section83.44, in addition to any other remedies, and whether or not the purchaser has in fact been damaged thereby, the purchaser may recover the consideration paid for the lot, parcel, unit, or interest in subdivided lands together with interest thereon at the legal rate from the date of payment, property taxes paid, costs, and reasonable attorneys fees, less the amount of any income received from the subdivided lands, upon tender of appropriate instruments of reconveyance. If the purchaser no longer owns the lot, parcel, unit, or interest in subdivided lands, the purchaser may recover the amount that would be recoverable upon a tender of a reconveyance, less the value of the land when disposed of and less interest at the legal rate on that amount from the date of sale.
(a) A tender of reconveyance may be made at any time before the entry of judgment.
(b) Every person who directly or indirectly controls a subdivider who may be liable under sections83.20to83.42,83.43and83.44, every general partner, officer, or director of a subdivider, every person occupying a similar status or performing a similar function, every employee of the subdivider who materially aids in the disposition, and every agent who materially aids in the disposition is also liable jointly and severally with and to the same extent as the subdivider, unless the person otherwise liable sustains the burden of proof that such a person did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist. There is a right to contribution as in cases of contract among persons so liable.
(c) Every person whose name or occupation gives authority to a statement which with the person's consent has been used in an application for registration, public offering statement, or advertising, if the person is not otherwise associated with the subdivision and development plan in a material way, is liable only for false statements and omissions in statements and only if it is proved the person knew or reasonably should have known of the existence of the true facts by reason of which the liability is alleged to exist.
(d) An action shall not be commenced pursuant to this subdivision later than three years from the date the person discovers any prohibited practice set forth in section83.44.

Subd. 5.Other remedies.
The rights and remedies provided by this chapter shall be in addition to any and all other rights and remedies that may exist at law or in equity.

Legislative History

1973 c 413 s 18;1984 c 452 s 22; 1986 c 444