West Virginia § 30-38B-7 Right of recovery

West Virginia Statutes

§ 30-38B-7 — Right of recovery

West Virginia·Ch. 30 PROFESSIONS AND OCCUPATIONS·Art. 38B UNFAIR REAL ESTATE SERVICES AGREEMENTS ACT

(a)Any consumer with an interest in real property that is the subject of an unfair real estate service agreement, whether or not any lien or other notice is filed against the property in the office of the county clerk, may bring a civil action against the real estate service provider for violations of this article and the court may award any of the following:

(1)Such preliminary and other equitable or declaratory relief as may be appropriate;

(2)An order that the consumer is not required to repay or reimburse any moneys paid to the consumer by the real estate service provider;

(3)Actual damages suffered by the consumer, with a minimum amount of $5,000, unless the consumer is 60 years or older, in which case the minimum damages shall be $15,000.

(4)Reasonable attorneys' fees and ot

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(a) Any consumer with an interest in real property that is the subject of an unfair real estate service agreement, whether or not any lien or other notice is filed against the property in the office of the county clerk, may bring a civil action against the real estate service provider for violations of this article and the court may award any of the following:

(1) Such preliminary and other equitable or declaratory relief as may be appropriate;

(2) An order that the consumer is not required to repay or reimburse any moneys paid to the consumer by the real estate service provider;

(3) Actual damages suffered by the consumer, with a minimum amount of $5,000, unless the consumer is 60 years or older, in which case the minimum damages shall be $15,000.

(4) Reasonable attorneys' fees and other litigation costs reasonably incurred.

(b) This section does not replace or supersede any other remedy at law or equity that the consumer may have.

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