A. In addition to the penalties and liabilities set forth in §§ 55.1-1009.1 and 55.1-1015, in any action brought under this chapter, if a court finds that a person has willfully engaged in an act or practice in violation of this chapter, the Attorney General may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation. For purposes of this section, prima facie evidence of a willful violation may be shown when the Attorney General notifies the alleged violator by certified mail that an act or practice is a violation of this chapter and the alleged violator, after receipt of the notice, continues to engage in the act or practice.
B. The Attorney General recovering a civil penalty under subsection A, or the appropriate licensing authority or the Commission instituting an enforcement action under § 55.1-1015, may recover costs and reasonable expenses incurred by it in investigating and preparing the case and attorney fees.
2020, c. 700.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 10 - Real Estate Settlement Agents
§ 55.1-1001. Limitation on applicability of chapter
§ 55.1-1002. Scope of chapter; lay real estate settlement agents
§ 55.1-1003. Persons who may act as a settlement agent
§ 55.1-1004. Duties of settlement agents
§ 55.1-1005. Persons prohibited from assisting or being employed by settlement agents
§ 55.1-1006. Choice of settlement agent
§ 55.1-1009. Falsifying settlement statements prohibited
§ 55.1-1010. Separate charge for reporting transactions limited
§ 55.1-1011. Record retention requirements
§ 55.1-1012. Regulations and orders
§ 55.1-1013. Accounting by title insurance companies
§ 55.1-1015. Penalties and liabilities
§ 55.1-1015.1. Civil penalties; attorney fees
§ 55.1-1016. Confidentiality of information obtained by the Commission