§ 34-2-105. PENALTIES AND REMEDIES.

(a)

Penalty. A person who conveys or conspires to convey an improved lot or unimproved lot in violation of this title is guilty of a misdemeanor and on conviction is subject to:

(1)

A fine not exceeding $1,000 for the first violation; and

(2)

A fine not exceeding $1,000 or imprisonment not exceeding 90 days or both for each subsequent violation.

(b)

Recission.

(1)

Violation of the terms and provisions of § 34-2-103 or § 34-2-104 of this title shall subject the conveyance to rescission at the option of the immediate buyer or buyers of any lot so conveyed.

(2)

In addition to or instead of rescission of the conveyance, the immediate buyer or buyers of any lot conveyed in violation of the provisions of § 34-2-103 or § 34-2-104 of this title shall be entitled to recover compensatory damages, including incidental and consequential damages and reasonable attorney fees.

(c)

Enforcement. The Director of Environmental Protection and Sustainability may enforce the provisions of this article in accordance with Article 3, Title 6 of the Code.

(1988 Code, § 35-40) (Bill No. 173, 1989, § 31-26-1990; Bill No. 26-01, § 2, 7-1-2004; Bill No. 76-03, § 2, 7-1-2004; Bill No. 82-06, § 4, 8-24-2006; Bill No. 122-10, § 14, 1-16-2011)