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Practice Of Real EstateLicense_lawMEDIUM

Sandra is a licensed Alabama salesperson who wants to file a claim against the Alabama Real Estate Recovery Fund after suffering financial harm caused by another licensee's fraudulent conduct. Which prerequisite must Sandra satisfy before the Recovery Fund will consider her claim?

Correct Answer

B) Sandra must first obtain a final court judgment against the licensee for the fraudulent conduct.

Alabama's Recovery Fund statute (Code of Alabama §34-27-31) requires that a claimant first obtain a final court judgment against the licensee before the Recovery Fund will consider paying a claim. The judgment establishes the legal basis and amount of the harm caused by the licensee's fraudulent or dishonest conduct. Without a court judgment, the claim cannot be processed.

Answer Options
A
Sandra must file a complaint with AREC and wait for AREC to initiate an investigation.
B
Sandra must first obtain a final court judgment against the licensee for the fraudulent conduct.
C
Sandra must submit a notarized affidavit to AREC describing the fraudulent conduct in detail.
D
Sandra must demonstrate that she attempted mediation with the licensee before filing a claim.

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Related Topics & Key Terms

Key Terms:

recovery_fundcourt_judgmentclaim_requirementslicense_requirements

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