House Bill 1342

AN ACT TO AMEND SECTION 73-35-31, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR VIOLATIONS OF THE REAL ESTATE BROKERS LICENSE LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-35-31, Mississippi Code of 1972, is amended as follows:

73-35-31. (1) Any person or corporation conducting real estate brokerage activities in Mississippi without a Mississippi real estate license as required by Section 73-35-1, or without having executed a cooperative agreement with a licensed Mississippi broker as required by Section 73-35-11, shall, upon conviction of a first violation thereof, if a person, be punished by a fine of not less than Five Thousand Dollars ($5,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment for a term not to exceed ninety (90) days, or both; and if a corporation, be punished by a fine of not more than Twenty Thousand Dollars ($20,000.00). Upon conviction of a second or subsequent violation, if a person, he shall be punished by fine of not less than Ten Thousand Dollars ($10,000.00) nor more than Twenty Thousand Dollars ($20,000.00), or by imprisonment for a term not to exceed six (6) months, or both; and if a corporation, be punished by a fine of not less than Fifty Thousand Dollars ($50,000.00) nor more than Seventy-five Thousand Dollars ($75,000.00). Any officer or agent of a corporation, or any member or agent of a partnership or association, who shall personally participate in or be accessory to a violation of Section 73-35-1 or 73-35-11 through the unlicensed practice of real estate by such corporation, partnership or association, shall be subject to the penalties herein prescribed for individuals. Fines collected under this provision shall be deposited into the account of the Mississippi Housing Opportunity Foundation for uses consistent with that entity's statutory mission.

(2) Any person violating a provision of this chapter other than the violation described in subsection (1), shall, upon conviction of a first violation thereof, if a person, be punished by a fine or not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for a term not to exceed ninety (90) days, or both; and if a corporation, be punished by a fine of not more than Two Thousand Dollars ($2,000.00). Upon conviction of a second or subsequent violation, if a person, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Dollars ($2,000.00), or by imprisonment for a term not to exceed six (6) months, or both; and if a corporation, be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00). Any officer or agent of a corporation, or any member or agent of a partnership or association, who shall personally participate in or be accessory to any violation of this chapter by such corporation, partnership or association, shall be subject to the penalties herein prescribed for individuals.

(3) In case any person, partnership, association or corporation shall have received any sum of money, or the equivalent thereto, as commission, compensation or profit by or in consequence of his violation of any provision of this chapter, such person, partnership, association or corporation shall also be liable to a penalty of not less than the amount of the sum of money so received and not more than four (4) times the sum so received, as may be determined by the court, which penalty may be sued for and recovered by any person aggrieved and for his use and benefit, in any court of competent jurisdiction.

(4) No fee, commission or other valuable consideration may be paid to a person for real estate brokerage activities as described in subsection (1) of Section 73-35-3 unless the person provides evidence of licensure under the provisions of this chapter or provides evidence of a cooperative agreement provided under the authority of Section 73-35-11.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.