§ 1709. — Civil liabilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1709]
TITLE 15--COMMERCE AND TRADE
CHAPTER 42--INTERSTATE LAND SALES
Sec. 1709. Civil liabilities
(a) Violations; relief recoverable
A 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 section 1703(a) of this title. 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.
(b) Enforcement of rights by purchaser or lessee
A 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 section 1703 of this title.
(c) Amounts recoverable
The amount recoverable in a suit authorized by this section may
include, in addition to matters specified in subsections (a) and (b) of
this section, interest, court costs, and reasonable amounts for
attorneys' fees, independent appraisers' fees, and travel to and from
the lot.
(d) 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, Sec. 1410, Aug. 1, 1968, 82 Stat. 595; Pub.
L. 96-153, title IV, Sec. 405, Dec. 21, 1979, 93 Stat. 1130.)
Amendments
1979--Subsec. (a). Pub. L. 96-153 substituted provisions relating to
violations of section 1703(a) of this title 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.
Subsec. (b). Pub. L. 96-153 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.
Subsec. (c). Pub. L. 96-153 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.
Subsec. (d). Pub. L. 96-153 reenacted provisions without change.
Subsec. (e). Pub. L. 96-153 struck out subsec. (e) which set forth
limitation on amount recoverable under this section.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-153 effective on effective date of
regulations implementing such amendment, but in no case later than six
months following Dec. 21, 1979, see section 410 of Pub. L. 96-153, set
out as a note under section 1701 of this title.
Section Referred to in Other Sections
This section is referred to in section 1711 of this title.
