37-51-323. Penalties -- criminal -- civil. (1) An individual acting as a broker or salesperson without a license or while the individual's license is suspended or revoked or a person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction by a district court of this state shall be punished by a fine of not less than $100 or more than $500 or by imprisonment for a term not to exceed 90 days, or both. Upon conviction of a second or subsequent violation, the person shall be punished by a fine of not less than $500 or more than $2,000 or by imprisonment for a term not to exceed 6 months, or both.
(2) In case a person in a civil action is found guilty of having received any money or the equivalent of money as a fee, commission, compensation, or profit by or in consequence of a violation of any provision of this chapter, the person shall in addition be liable to a penalty of not less than the amount of the sum of money received and not more than three times the sum received, as may be determined by the court. The monetary penalty may be recovered in any court of competent jurisdiction by any person aggrieved.
History: En. Sec. 17, Ch. 250, L. 1963; amd. Sec. 6, Ch. 261, L. 1969; amd. Sec. 1, Ch. 541, L. 1977; R.C.M. 1947, 66-1940; amd. Sec. 6, Ch. 565, L. 1995; amd. Sec. 1410, Ch. 56, L. 2009.
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