CHAPTER 378

H.P. 1072 - L.D. 1525

An Act To Amend the Real Estate Brokerage Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 10 MRSA §8003-C, sub-§6 is enacted to read:

6.__Unlicensed practice; private cause of action; repeal.__In addition to the penalties and remedies provided under this chapter, an affected person may bring an action in District Court to enjoin any person from violating the provisions of subsection 4.__For the purposes of this section, "affected person" may include, but is not limited to, a person who has used the services of a person suspected of violating the provisions of subsection 4 or a private association composed primarily of members practicing a profession for which licensure is required pursuant to this chapter.

If an affected person is successful in obtaining a permanent injunction, that person is entitled to the costs of suit and attorney's fees.__In any action brought by an affected person against a person for violating the terms of an injunction issued under this subsection, the court may make the necessary orders or judgments to restore to any person who has suffered any ascertainable loss of money or personal or real property or to compel the return of compensation received by reason of such conduct found to be in violation of an injunction.