Section 784. Penalties and liabilities

1. Failure of the vendor to comply
  with any of the provisions of this  article  is  a  misappropriation  of
  funds and action may be brought by the vendee against the vendor for the
  return  of any moneys advanced. In addition, such vendor shall be liable
  for criminal action pursuant to the provisions  of  subdivision  two  of
  this section.
    2.  Failure of the vendor to comply with any of the provisions of this
  article shall be deemed a misdemeanor.
    3.  Nothing  in  this  article  shall  impair,  limit  or  reduce  the
  statutory,  common  law or contractual duties or liability of any vendor
  in the construction of a home nor shall these provisions  apply  to  any
  local  law or ordinance which requires the posting of public improvement
  bonds.