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Practice Of Real EstateLicense_lawMEDIUM

Over the course of his career, broker David has had multiple Recovery Fund claims paid out against him by AREC. The total payments made from the Recovery Fund on David's behalf have now reached $150,000. A new claimant, Ellen, has just received a court judgment against David and applies to the Recovery Fund. What will happen to David's license and Ellen's claim?

Correct Answer

C) David's license will be suspended and Ellen's claim will be denied because the lifetime cap has been reached

Under Code of Alabama §34-27-31, once the Recovery Fund pays out the lifetime maximum of $150,000 against a single licensee, no further payments will be made on that licensee's behalf. Additionally, any payment from the Recovery Fund triggers an automatic suspension of the licensee's license. Since the lifetime cap has been reached, Ellen's claim will be denied. David's license is subject to automatic suspension as a consequence of the prior Fund payments having been triggered.

Answer Options
A
David's license will be suspended and Ellen will receive up to $50,000 from the Fund
B
David's license will be revoked permanently and Ellen will receive up to $50,000 from the Fund
C
David's license will be suspended and Ellen's claim will be denied because the lifetime cap has been reached
D
David's license will remain active and Ellen's claim will be denied because the lifetime cap has been reached

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Related Topics & Key Terms

Key Terms:

recovery_fundlifetime_capautomatic_suspensionlicense_consequences

Related Concepts

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