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Practice Of Real EstateLicense_lawHARD

A consumer named Helen suffered a financial loss of $85,000 due to the fraudulent conduct of a Virginia-licensed real estate salesperson named Greg. Helen wants to recover her losses from the Virginia Real Estate Transaction Recovery Fund. Which step must Helen complete FIRST before she can submit a claim to the Recovery Fund?

Correct Answer

D) Obtain a final civil judgment against Greg in a court of competent jurisdiction

Under Va. Code § 54.1-2112 et seq. (Virginia Real Estate Transaction Recovery Act), a consumer seeking recovery from the Fund must FIRST obtain a final civil judgment against the licensee in a court of competent jurisdiction. The Recovery Fund is a last resort — the claimant must have pursued and obtained a judgment before the Fund will consider the claim. This is a critical procedural prerequisite that is frequently tested.

Answer Options
A
Submit a written demand to Greg's supervising broker requesting reimbursement
B
File a claim with Greg's errors and omissions insurance carrier and exhaust those policy limits
C
File a complaint with VREB and wait for VREB to complete its disciplinary investigation of Greg
D
Obtain a final civil judgment against Greg in a court of competent jurisdiction

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Related Topics & Key Terms

Key Terms:

recovery_fundcivil_judgmentconsumer_protectiontransaction_recovery_act

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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