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Practice Of Real EstateLicense_lawHARD

A Virginia real estate broker, James, has his license revoked by VREB after being found guilty of fraud. A consumer who lost money due to James's conduct has already obtained a final civil judgment against James and now applies to the Virginia Real Estate Transaction Recovery Fund. After the fund pays the consumer's claim, which of the following correctly describes what happens next under Va. Code § 54.1-2112?

Correct Answer

D) James's license remains revoked and may not be reinstated until he repays the full amount paid by the fund, plus interest

Under Va. Code § 54.1-2112, when the Virginia Real Estate Transaction Recovery Fund pays a claim on behalf of a licensee, that licensee's license is revoked (if not already) and may not be reinstated until the licensee has repaid the full amount paid from the fund, plus applicable interest. The fund has a right of subrogation against the licensee, making repayment a condition of any future reinstatement.

Answer Options
A
James's license is automatically reinstated after a five-year waiting period, regardless of whether he repays the fund
B
James must complete 60 additional hours of continuing education before applying for license reinstatement
C
The fund absorbs the loss permanently, and James has no further obligation to the fund or VREB
D
James's license remains revoked and may not be reinstated until he repays the full amount paid by the fund, plus interest

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Related Topics & Key Terms

Key Terms:

transaction_recovery_fundlicense_revocationreinstatementsubrogation

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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