Remedies for noncompliance

(1) (a) Notwithstanding subsection (1)(b) of this section and subject to the availability of resources, it is the responsibility of the attorney general's office to enforce the provisions of this part 12, and the attorney general may intervene in any action brought pursuant to subsection (1)(b) of this section. (b) The attorney general's office, the local government, or the local government's assignee may bring a civil action against a residential seller for any violation of this part 12. (c) The remedies for any action brought pursuant to this subsection (1) are limited to monetary damages and statutory penalties against the residential seller. Any person claiming an interest in an applicable qualifying property through a residential seller shall take title to the applicable qualifying property free of any rights or claims set forth in this part 12. (2) If a court finds that a residential seller is in material violation of this part 12, the court shall award a statutory penalty that is not less than ten thousand dollars for a first offense and not less than thirty thousand dollars for any subsequent offenses; except that the court shall not award a statutory penalty that is more than one hundred thousand dollars. (3) A court may also award reasonable attorney fees and costs to a prevailing party. (4) The remedies provided in this section are the sole and exclusive remedies pursuant to a civil action brought pursuant to this section for a violation of this part 12 by a residential seller.