33-424. Representation of legal requirement; enforcement; private action; damages; violation; classification

A. It is unlawful for a third party provider offering a disclosure report pursuant to section 33-423 to represent in marketing materials, contracts or by any other means any of the following:

1. That such a disclosure report is required by any law to be purchased.

2. That a buyer, a seller or a person licensed pursuant to title 32, chapter 20 who represents a buyer or seller is required to comply with section 33-423 by purchasing a third party disclosure report.

3. That the third party provider offers protection from liability for or provides information about property conditions that are not the subject of the third party provider report or that are not within the current ability of the third party provider to provide.

B. An act or practice in violation of this section or section 33-423, subsection B, paragraph 2 is subject to enforcement through private action and prosecution by the attorney general or by the county attorney of the county in which the real property is located.

C. A person who receives marketing materials, contracts or other communication in violation of this section may bring an action pursuant to this section in any court of competent jurisdiction in the county in which the real property is located.

D. In addition to any other remedies provided by law, a third party provider who offers a disclosure report pursuant to section 33-423 and who is found to have violated this section is liable to the party receiving the marketing materials, contracts or other communication for damages of not more than two thousand dollars per occurrence. In any action brought pursuant to this section the prevailing party shall be awarded reasonable attorney fees and costs.

E. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.