Title 44, Chapter 3, Section 8
( 44-3-8)
(a) Any person who violates any provision of Code Section 44-3-5 shall be liable to the person buying such land. Such buyer may bring an action in any court of competent jurisdiction to recover damages, even if that buyer no longer owns the land, or, upon tender of the land at any time before entry of judgment, to recover the consideration paid, or the fair value thereof at the time the consideration was paid if such consideration was not paid in cash, for the land with interest thereon at the rate of 7 percent per annum from the date of payment down to the date of repayment, together with all taxable court costs and reasonable attorney's fees. (b) Every person who directly or indirectly controls a person liable
under subsection (a) of this Code section, every general partner,
executive officer, or director of such person liable under
subsection (a) of this Code section, every person occupying a
similar status or performing similar functions, and every person who
participates in any material way in the sale is liable jointly and
severally with and to the same extent as the person liable under
subsection (a) of this Code section unless the person whose
liability arises under the provisions of this subsection sustains
the burden of proof that such person did not know and, in the
exercise of reasonable care, could not have known of the existence
of the facts by reason of which liability is alleged to exist.
There is contribution as in the case of contract among several
persons so liable. (c) No person may bring an action under this Code section more than
two years from the date of the contract for sale or sale if there is
no contract for sale. (d) Every cause of action under this article survives the death of
any person who might have been a plaintiff or defendant. (e) Nothing in this article shall limit any statutory or common-law
right of any person in any court for any act involving the sale of
land. (f) The owner, publisher, licensee, or operator of any newspaper,
magazine, visual or sound radio broadcasting station or network of
stations, or the agents or employees of any such owner, publisher,
licensee, or operator of such a newspaper, magazine, station or
network of stations shall not be liable under this article for any
advertising of any subdivision, lot, parcel, or unit in any
subdivision carried in any such newspaper or magazine or by any such
visual or sound radio broadcasting station or network of stations,
nor shall any of them be liable under this article for the contents
of any such advertisement, unless the owner, publisher, licensee, or
operator has actual knowledge of the falsity thereof. |