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Practice Of Real EstateLicense_lawMEDIUM

A consumer named Robert suffered a $45,000 financial loss due to the fraudulent conduct of a Virginia-licensed real estate salesperson. Robert wants to apply to the Virginia Real Estate Transaction Recovery Fund for reimbursement. Which of the following is a prerequisite Robert must satisfy before submitting his application to the fund?

Correct Answer

A) Robert must obtain a final civil judgment against the licensee in a court of competent jurisdiction

Under Va. Code § 54.1-2112 et seq., before a consumer may apply to the Virginia Real Estate Transaction Recovery Fund, the claimant must first obtain a final civil judgment against the licensed real estate professional in a court of competent jurisdiction. The fund is a last resort, not a first remedy, and the civil judgment requirement is one of the most frequently tested procedural details on the Virginia state exam.

Answer Options
A
Robert must obtain a final civil judgment against the licensee in a court of competent jurisdiction
B
Robert must submit proof of loss to his title insurance company and be denied coverage
C
Robert must first demand repayment directly from the licensee and wait 60 days for a response
D
Robert must file a complaint with VREB and wait for the Board to complete its investigation

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Related Topics & Key Terms

Key Terms:

transaction_recovery_fundcivil_judgmentconsumer_protectionlicense_law

Related Concepts

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

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