§ 558.71

558.71 Civil liabilities. 1. A contract purchaser injured by a violation of section 558.70 may within one year of the execution of the contract bring an equitable action in the district court of record wherethe real estate is located to obtain relief as follows: a. The court may rescind a contract that remains in existence at the time the action is commenced, and award restitution to the contract purchaser determined in accordance withthe standards for damages specified in paragraph 'b'. b. If the contract has been terminated by any means prior to commencement of the action, the contract purchaser may recover a money judgment against the original contract sellerfor a sum equal to all amounts the contract purchaser paid to the contract seller, plus thereasonable value of any improvements to the real estate made by the contract purchaser,plus any other proximately caused or incidental damages, less the fair rental value of the realestate for the period of time the contract purchaser was in possession of the real estate. Forthe purposes of this paragraph, the fair rental value of the real estate shall be based on thefair rental value of the real estate as of the date the real estate

in possession of the real estate. Forthe purposes of this paragraph, the fair rental value of the real estate shall be based on thefair rental value of the real estate as of the date the real estate installment sales contract wasexecuted by all parties to the contract. 2. A contract purchaser alleging a violation of section 558.70 bears the burden of establishing such violation by a preponderance of the evidence. 3. An order of rescission or a money judgment awarded shall not affect any rights or responsibilities arising from any conveyance or encumbrance made by either the contractpurchaser or the contract seller prior to the filing of a lis pendens in the action in which suchrelief is sought, unless it is established by clear and convincing evidence that the recipientof such conveyance or encumbrance had prior knowledge that the contract was executed inviolation of the requirements of section 558.70. 4. In an action in which a contract purchaser obtains relief under this section, the court shall also award to such contract purchaser reasonable attorney fees incurred in bringing theaction.

558.70. 4. In an action in which a contract purchaser obtains relief under this section, the court shall also award to such contract purchaser reasonable attorney fees incurred in bringing theaction. 2002 Acts, ch 1136, §2, 6; 2017 Acts, ch 54, §76Referred to in §558.70 Sat Dec 23 11:05:53 2023 Iowa Code 2024, Section 558.71 (19, 0)