Subdivision 1. Remedies. Any person injured by a violation of the standards, duties, prohibitions, or requirements of section 82B.20 or 82B.22 shall have a private right of action and the court shall award:
(1) actual, incidental, and consequential damages;
(2) statutory damages of no less than $1,000 nor more than $2,000;
(3) punitive damages if appropriate, and as provided in sections 549.191 and 549.20; and
(4) court costs and reasonable attorney fees.
Subd. 2. Private attorney general statute. A person injured by a violation of the standards, duties, prohibitions, or requirements of section 82B.20 or 82B.22 also may bring an action under section 8.31. A private right of action by a borrower under this chapter is in the public interest.
Subd. 3. Remedies cumulative. The remedies provided in this section are cumulative and do not restrict any other right or remedy otherwise available to the borrower.
Subd. 4. Time limitations. (a) A private right of action must be commenced the earlier of:
(1) six years from the date the appraisal services giving rise to the cause of action were performed or should have been performed;
(2) six years from the date the appraisal giving rise to the cause of action was completed or should have been completed; or
(3) the expiration of any other applicable statute of limitations.
(b) Paragraph (a), clauses (1) and (2), do not apply when the person alleges that an injury occurred due to:
(1) knowing and intentional fraud; or
(2) knowing and intentional misrepresentation during the performance of an appraisal.
2007 c 74 s 6; 2017 c 37 s 5
Structure Minnesota Statutes
Chapters 82 - 83 — Real Estate Sales Regulations
Chapter 82B — Real Estate Appraisers
Section 82B.021 — Definitions.
Section 82B.03 — Prohibitions.
Section 82B.04 — Responsibility For Agents.
Section 82B.07 — Powers Of The Commissioner.
Section 82B.072 — Formal Complaints.
Section 82B.073 — Real Estate Appraisal Advisory Board.
Section 82B.08 — Licensing Requirements.
Section 82B.093 — Trainee Real Property Appraiser.
Section 82B.094 — Supervision Of Trainee Real Property Appraisers.
Section 82B.095 — Appraiser Qualification Components.
Section 82B.105 — Reciprocity.
Section 82B.11 — Classes Of License.
Section 82B.13 — Education Prerequisites.
Section 82B.135 — Course Completion Certifications For Real Estate Appraiser License.
Section 82B.15 — Nonresident Service Of Process.
Section 82B.16 — Principal Place Of Business And Notice.
Section 82B.17 — License Designation.
Section 82B.19 — Continuing Education.
Section 82B.195 — Standards Of Conduct.
Section 82B.20 — Prohibited Practices.
Section 82B.201 — Criminal Penalty.
Section 82B.21 — Classification Of Services.
Section 82B.22 — Contingent Fees.
Section 82B.23 — Federal Certification.