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(1) Agent. Any person employed or compensated to assist the owner of property subject to Sheriff's sale in recovering surplus funds. The term does not include City or other public officials or employees providing assistance in the course of or incident to their official duties.
(2) Surplus funds. The amount of funds to which the owner of property subject to Sheriff's sale is entitled upon completion of a Sheriff's sale of that property, and which are in the custody and control of the Sheriff.
(1) Any agreement entered into by an agent and the owner of property subject to Sheriff's sale, under which the agent is engaged to assist the owner in recovering surplus funds, is prohibited unless all of the following requirements are met:
(a) The agreement is in writing and duly signed and acknowledged by the owner;
(b) A copy of the agreement is filed with the Sheriff and the Law Department before any surplus funds are paid to the owner; and
(c) The agreement clearly states the fee or compensation to be paid, which shall not exceed fifteen percent (15%) of the value of the surplus funds.
(1) Violation of this Chapter shall be a Class III offense, subject to the fines set forth in Section 1-109.
(2) Any person aggrieved by an agent's violation of subsection 9-3602(1)(c) shall have a right of action against such agent, and may recover for each such violation:
(a) Actual damages;
(b) Exemplary damages of two thousand dollars ($2,000);
(c) Reasonable attorney's fees and court costs;
(d) Such other relief, including injunctive relief, as the court may deem appropriate.
(3) Nothing in this Section shall limit the right of an aggrieved person to recover damages under any other applicable law or legal theory, nor shall it limit the right of the City to seek fines or other remedies for violations of this Chapter, except that any fine imposed by the City for a violation of this Chapter shall be reduced by the amount of exemplary damages, if any, finally awarded pursuant to subsection 9-3603(2) for the same violation.