325N.01 DEFINITIONS. The definitions in paragraphs (a) to (h) apply to sections 325N.01 to 325N.09. (a) “Solicitor” means any person who, directly or indirectly, makes any solicitation, representation, or offer to any owner to perform for compensation or who, for compensation, performs any service which the person in any manner represents will in any manner […]
325N.02 RESCISSION OF SOLICITOR CONTRACT. (a) In addition to any other right under law to rescind a contract, an owner has the right to cancel a solicitor contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 325N.03. (b) Cancellation occurs when the […]
325N.03 CONTRACT. (a) Every contract must be in writing and must fully disclose the exact nature of the solicitor’s services and the total amount and terms of compensation. (b) The following notice, printed in at least 14-point boldface type and completed with the name of the solicitor, must be printed immediately above the statement required […]
325N.04 VIOLATIONS. It is a violation for a solicitor to: (1) claim, demand, charge, collect, or receive any compensation until after the solicitor has fully performed each and every service the solicitor contracted to perform or represented he or she would perform; (2) claim, demand, charge, collect, or receive any fee, interest, or any other […]
325N.05 WAIVER NOT ALLOWED. Any waiver by an owner of the provisions of sections 325N.01 to 325N.09 is void and unenforceable as contrary to public policy. Any attempt by a solicitor to induce an owner to waive the owner’s rights is a violation of sections 325N.01 to 325N.09. History: 2004 c 263 s 5,26; 2007 […]
325N.06 REMEDIES. (a) A violation of sections 325N.01 to 325N.09 is considered to be a violation of section 325F.69, and all remedies of section 8.31 are available for such an action. A private cause of action under section 8.31 by an owner is in the public interest. An owner may bring an action against a […]
325N.07 PENALTY. Any person who commits any violation described in section 325N.04 may, upon conviction, be fined not more than $10,000 or imprisoned not more than one year or both. Prosecution or conviction for any violation described in section 325N.04 will not bar prosecution or conviction for any other offenses. These penalties are cumulative to […]
325N.08 PROVISIONS SEVERABLE. If any provision of sections 325N.01 to 325N.09 or the application of any of these provisions to any person or circumstance is held to be unconstitutional and void, the remainder of sections 325N.01 to 325N.09 remains valid. History: 2004 c 263 s 8,26; 2007 c 106 s 22; 2008 c 341 art […]
325N.09 LIABILITY. (a) Any provision in a contract which attempts or purports to require arbitration of any dispute arising under sections 325N.01 to 325N.09 is void at the option of the owner. (b) This section applies to any contract entered into on or after August 1, 2004. History: 2004 c 263 s 9,26; 2007 c […]
