Sec. 19. (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. IC 32-28-13 Chapter 13. Common Law Liens 32-28-13-1 "Common law lien" 32-28-13-1.5 "Public employee" 32-28-13-2 "Property owner" 32-28-13-3 "Public official" 32-28-13-4 Common law lien against public official based on performance of official duty precluded; voiding common law lien 32-28-13-5 Statement of intention to hold common law lien 32-28-13-6 Notice to lienholder to commence suit; voiding common law lien 32-28-13-6.5 Property owner who is a public official or public employee 32-28-13-7 Affidavit of service of notice to commence suit; release of property and expunging record; fee 32-28-13-8 Certificate of satisfaction 32-28-13-9 Civil actions against lienholder
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