(a) If any party, including a broker company, buyer, or buyer's mortgagee suffers a pecuniary loss as the result of an owner's violation of the notice or certification provisions described in section 7 of this chapter, the party may bring a civil action against the owner for the following:(1) Actual damages.(2) The costs of the action.(3) Reasonable attorney's fees.However, if the party establishes that the owner's violation of the notice or certification provisions was fraudulent, a court may award the party damages that do not exceed three (3) times actual damages.(b) It is a defense to an action brought under this section that the most recent address provided by the broker company to the owner in the agreement, contract, or other written instrument, including a written instrument described in section 5 of this chapter, was incorrect, and as a result of the incorrect address, the principal broker did not receive the owner's notice described in section 7(b) of this chapter, and as a result the broker company failed to provide the notice as required in section 7(c) of this chapter.As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.63; P.L.116-2015, SEC.36.
Indiana Legal Code