(a) Any person violating a provision of this article or the commission's rules is guilty of a misdemeanor. Any person convicted of a first violation shall be fined not less than $1,000 nor more than $2,000, or confined in the county or regional jail not more than ninety days, or both fined and confined;
(b) Any person convicted of a second or subsequent violation shall be fined not less than $2,000 nor more than $5,000, or confined in the county or regional jail for a term not to exceed one year, or both fined and confined;
(c) Any corporation, association or partnership convicted of a first violation of this article or the commission's rules, shall be fined not less than $2,000 nor more than $5,000;
(d) Any corporation, association or partnership convicted of a second or subsequent violation, shall be fined not less than $5,000 nor more than $10,000;
(e) Any officer, member, employee or agent of a corporation, association or partnership, shall be subject to the penalties herein prescribed for individuals;
(f) Each and every day a violation of this article continues shall constitute a separate offense;
(g) In addition to the penalties herein provided, if any person receives compensation for acts or services performed in violation of this article, he or she shall also be subject to a penalty of not less than the value of the compensation received nor more than three times the value of the compensation received, as may be determined by a court of competent jurisdiction. Any penalty may be recovered by a person aggrieved as a result of a violation of this article;
(h) The penalties provided in this section do not apply to a violation of the duties or obligations of a financial institution under the certification required by subdivision (7), subsection (j), section eighteen of this article by a financial institution providing trust fund account services to a broker.
Structure West Virginia Code
Chapter 30. Professions and Occupations
Article 40. West Virginia Real Estate License Act
§30-40-1. Legislative Findings
§30-40-5. Scope of Practice; Exceptions
§30-40-7. General Powers and Duties
§30-40-8. Rule-Making Authority
§30-40-9. Fees; Special Revenue Account; Administrative Fines
§30-40-11. Application for License
§30-40-12. Qualifications for Broker's License
§30-40-13. Qualifications for Salesperson's License
§30-40-14. Prelicense Education
§30-40-15. Licensing Nonresidents
§30-40-16. Continuing Professional Education
§30-40-18. Trust Fund Accounts
§30-40-19. Refusal, Suspension or Revocation of a License
§30-40-20. Complaints; Investigation
§30-40-21. Hearings; Judicial Review; Cost of Proceedings
§30-40-22. Penalties for Violations
§30-40-23. Single Act Evidence of Practice
§30-40-24. Injunctions; Criminal Proceedings
§30-40-25. Collection of Compensation