Refusal to remove prohibited restrictions; liability; costs and attorney fees.

Sec. 10. (1) A person that refuses, before recording, to remove from a deed or other instrument a prohibited restriction is liable for all actual court costs and reasonable attorney fees incurred in an action before a court of competent jurisdiction to enforce the provisions of this act. (2) Subsection (1) does not apply to a register of deeds or an employee of a register of deeds.