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Practice Of Real EstateLicense_lawHARD

A consumer suffered financial harm of $200,000 due to the fraudulent conduct of Alabama licensee Victor across two separate real estate transactions ($100,000 per transaction). The consumer obtained court judgments for both transactions and filed claims against the Alabama Real Estate Recovery Fund. What is the maximum total amount the consumer can recover from the Recovery Fund across both transactions?

Correct Answer

A) $100,000 total, because each transaction is capped at $50,000

Under Code of Alabama §34-27-31, the Recovery Fund caps recovery at $50,000 per transaction. With two separate transactions each resulting in $100,000 in harm, the consumer can recover a maximum of $50,000 per transaction, for a total of $100,000. This is subject to the $150,000 per-licensee lifetime cap, which is not exceeded here. The per-transaction cap of $50,000 is the binding limit for each individual claim.

Answer Options
A
$100,000 total, because each transaction is capped at $50,000
B
$150,000 total, because the lifetime cap per licensee is $150,000
C
$50,000 total, because the per-licensee lifetime cap applies first
D
$200,000 total, because the consumer obtained judgments for the full amount

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Related Topics & Key Terms

Key Terms:

recovery_fundper_transaction_limitlifetime_capmultiple_transactionslicense_requirements

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