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This entry was published on 2014-09-22
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Liability for violation
Real Property (RPP) CHAPTER 50, ARTICLE 15
§ 474. Liability for violation. Any person who records or enters into
an agreement imposing a private transfer fee obligation in their favor
or in the favor of a third party after the effective date of this
section shall be liable for (1) any and all damages resulting from the
imposition of the transfer fee obligation on the transfer of an interest
in the real property, including, without limitation, the amount of any
transfer fee paid by a party to the transfer, and (2) all attorneys'
fees, expenses and costs incurred by a party to the transfer or
mortgagee of the real property to recover any transfer fee paid or in
connection with an action to quiet title. Where an agent acts on behalf
of a principal to record or secure a private transfer fee obligation,
liability shall be assessed to the principal, rather than the agent.