15 U.S.C. § 1709 — Civil liabilities

Page 1676 TITLE 15—COMMERCE AND TRADE § 1709 thereof, of States certified under subsection (a), and may withdraw such certification upon a de- termination that such laws, regulations, and the administration thereof, taken as a whole, no longer meet the requirements of subsection (a). (e) State and local governmental authorities af- fected; cooperation with State authorities Nothing in this chapter may be construed to prevent or limit the authority of any State or local government to enact and enforce with re- gard to the sale of land any law, ordinance, or code not in conflict with this chapter. In admin- istering this chapter, the Director shall cooper- ate with State authorities charged with the re- sponsibility of regulating the sale or lease of lots which are subject to this chapter. (Pub. L. 90–448, title XIV, § 1409, Aug. 1, 1968, 82 Stat. 594; Pub. L. 96–153, title IV, § 404, Dec. 21, 1979, 93 Stat. 1129; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–203 substituted ‘‘Director’’ for ‘‘Sec- retary’’ wherever appearing. 1979—Subsec. (a). Pub. L. 96–153 substituted provi- sions setting forth criteria for determinations respect- ing certifications of substantially equivalent State law for purposes of disclosure requirements of this chapter, for provisions relating to cooperation with State au- thorities in administering this chapter. Subsec. (b). Pub. L. 96–153 substituted provisions re- lating to filing requirements for State disclosure mate- rials and related documentation for purposes of Federal statement of record and property report requirements, for provisions relating to the jurisdiction of the par- ticular State real estate commission or similar body. Subsecs. (c) to (e). Pub. L. 96–153 added subsecs. (c) to (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. 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. EFFECTIVE DATE Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title. § 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 sec- tion 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 deter- mining such relief the court may take into ac- count, but not be limited to, the following fac- tors: 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 mar- ket 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 mat- ters specified in subsections (a) and (b), interest, court costs, and reasonable amounts for attor- neys’ 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 con- tribution 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, § 1410, Aug. 1, 1968, 82 Stat. 595; Pub. L. 96–153, title IV, § 405, Dec. 21, 1979, 93 Stat. 1130.) Editorial Notes AMENDMENTS 1979—Subsec. (a). Pub. L. 96–153 substituted provi- sions 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 re- lating to enforcement of rights by the purchaser or les- see 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 au- thorizing 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 with- out change. Subsec. (e). Pub. L. 96–153 struck out subsec. (e) which set forth limitation on amount recoverable under this section. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title. Page 1677 TITLE 15—COMMERCE AND TRADE § 1712 1 So in original. Probably should be ‘‘Director’s’’. § 1710. Court review of orders (a) Petition; jurisdiction; findings of Director; ad- ditional evidence; finality Any person, aggrieved by an order or deter- mination of the Director issued after a hearing, may obtain a review of such order or determina- tion in the court of appeals of the United States, within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within sixty days after the entry of such order or deter- mination, a written petition praying that the order or determination of the Director be modi- fied or be set aside in whole or in part. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Director, and thereupon the Director shall file in the court the record upon which the order or determina- tion complained of was entered, as provided in section 2112 of title 28. No objection to an order or determination of the Director shall be consid- ered by the court unless such objection shall have been urged before the Director. The finding of the Director as to the facts, if supported by substantial evidence, shall be conclusive. If ei- ther party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such addi- tional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Director, the court may order such additional evidence to be taken before the Director and to be adduced upon a hearing in such manner and upon such terms and conditions as to the court may seem proper. The Director may modify his findings as to the facts by reason of the additional evidence so taken, and shall file such modified or new findings, which, if supported by substantial evi- dence, shall be conclusive, and his recommenda- tion, if any, for the modification or setting aside of the original order. Upon the filing of such pe- tition, the jurisdiction of the court shall be ex- clusive and its judgment and decree, affirming, modifying, or setting aside, in whole or in part, any order of the Director, shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as pro- vided in section 1254 of title 28. (b) Stay of order The commencement of proceedings under sub- section (a) shall not, unless specifically ordered by the court, operate as a stay of the Sec- retary’s 1 order. (Pub. L. 90–448, title XIV, § 1411, Aug. 1, 1968, 82 Stat. 595; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.) Editorial Notes AMENDMENTS 2010—Subsec. (a). Pub. L. 111–203 substituted ‘‘Direc- tor’’ for ‘‘Secretary’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title. § 1711. Limitation of actions (a) Section 1703(a) violations No action shall be maintained under section 1709 of this title with respect to— (1) a violation of subsection (a)(1) or (a)(2)(D) of section 1703 of this title more than three years after the date of signing of the contract of sale or lease; or (2) a violation of subsection (a)(2)(A), (a)(2)(B), or (a)(2)(C) of section 1703 of this title more than three years after discovery of the violation or after discovery should have been made by the exercise of reasonable diligence. (b) Section 1703(b) to (e) violations No action shall be maintained under section 1709 of this title to enforce a right created under subsection (b), (c), (d), or (e) of section 1703 of this title unless brought within three years after the signing of the contract or lease, notwith- standing delivery of a deed to a purchaser. (Pub. L. 90–448, title XIV, § 1412, Aug. 1, 1968, 82 Stat. 596; Pub. L. 96–153, title IV, § 406, Dec. 21, 1979, 93 Stat. 1131.) Editorial Notes AMENDMENTS 1979—Pub. L. 96–153 designated existing provisions as subsec. (a), substituted provisions setting forth limita- tions relating to any action maintained under section 1709 of this title, for provisions setting forth limita- tions relating to any action maintained to enforce any liability created under section 1709(a) or (b)(2) of this title, and added subsec. (b). Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title. § 1712. Contrary stipulations void Any condition, stipulation, or provision bind- ing any person acquiring any lot in a subdivision to waive compliance with any provision of this chapter or of the rules and regulations of the Di- rector shall be void. (Pub. L. 90–448, title XIV, § 1413, Aug. 1, 1968, 82 Stat. 596; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.)