Right of person aggrieved by alleged violation to file affidavit with Real Estate Division; procedure for filing affidavit; administrative fine for filing false or fraudulent affidavit.
1. Except as otherwise provided in this section, a person who is aggrieved by an alleged violation may, not later than 1 year after the person discovers or reasonably should have discovered the alleged violation, file with the Division a written affidavit that sets forth the facts constituting the alleged violation. The affidavit may allege any actual damages suffered by the aggrieved person as a result of the alleged violation.
2. An aggrieved person may not file such an affidavit unless the aggrieved person has, on at least two separate occasions, provided the respondent by certified mail, return receipt requested, with written notices of the alleged violation set forth in the affidavit. The notices must:
(a) Be mailed to the respondent’s last known address.
(b) Be mailed at least 15 days apart.
(c) Specify, in reasonable detail, the alleged violation, any actual damages suffered by the aggrieved person as a result of the alleged violation, and any corrective action proposed by the aggrieved person.
3. A written affidavit filed with the Division pursuant to this section must be:
(a) On a form prescribed by the Division.
(b) Be accompanied by evidence that:
(1) The respondent has been given a reasonable opportunity after receiving the written notices to correct the alleged violation; and
(2) Reasonable efforts to resolve the alleged violation have failed.
4. The Commission or a hearing panel may impose an administrative fine of not more than $1,000 against any person who knowingly files a false or fraudulent affidavit with the Division.
Last modified: February 27, 2006