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Practice Of Real EstateLicense_lawHARD

Michael is a Virginia-licensed salesperson who recently had his license revoked by the VREB for fraudulent conduct. A former client, Diana, obtained a $40,000 civil judgment against Michael but was unable to collect because Michael has no assets. Diana applies to the Virginia Real Estate Transaction Recovery Fund. Which of the following statements is MOST accurate regarding Diana's claim?

Correct Answer

B) Diana is eligible to apply, but the fund has per-transaction and per-licensee payment caps that may limit her recovery

Under Va. Code § 54.1-2112 et seq., the Virginia Real Estate Transaction Recovery Fund pays eligible claimants who have obtained a final civil judgment against a licensee for fraudulent or dishonest conduct. However, the fund imposes statutory caps on payments — both per transaction and per licensee — meaning Diana may not recover the full $40,000 if her claim exceeds those limits. The fund is a last-resort remedy, and payment from the fund triggers automatic license revocation (which has already occurred here).

Answer Options
A
Diana's claim will be denied because the VREB revocation eliminates the fund's obligation to pay
B
Diana is eligible to apply, but the fund has per-transaction and per-licensee payment caps that may limit her recovery
C
Diana may recover the full $40,000 plus attorney fees and court costs from the fund without any limitations
D
Diana must re-litigate her claim in a Virginia circuit court specifically designated to handle Recovery Fund claims

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Related Topics & Key Terms

Key Terms:

transaction_recovery_fundpayment_capscivil_judgmentconsumer_protection

Related Concepts

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

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