Virginia Code 55.1-3206: Remedies
A. If a real estate service agreement in violation of subsection A of § 55.1-3202 is recorded, any person with an interest in the residential real property that is subject to a lien arising from the service agreement may bring an action against the service provider in the circuit court of the county where the residential real property is located to request a determination that the service agreement is void and unenforceable under this chapter.
Terms Used In Virginia Code 55.1-3206
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lien: A claim against real or personal property in satisfaction of a debt.
- real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
B. If a real estate service agreement that violates subsection A of § 55.1-3202 is recorded in the Commonwealth, any party with an interest in the residential real property identified in the service agreement may recover damages, costs, and reasonable attorney fees that may be proved against the service provider. No actual damages, costs, or reasonable attorney fees that are proved against the service provider shall be offset by the consideration paid by the service provider to the owner, buyer, or tenant in connection with the real estate service agreement.
C. Nothing in this chapter shall prevent an individual from pursuing any other remedy provided by law.