Ohio's Real Estate Recovery Fund compensates consumers for:
Question & Answer
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Property damage
Property damage β such as physical damage to a home from a contractor or natural disaster β is not covered by the Real Estate Recovery Fund, which is strictly limited to financial losses caused by the fraudulent or dishonest acts of a licensed real estate professional in the course of a transaction.
Losses due to licensee misconduct
Market value decreases
Market value decreases due to economic conditions, neighborhood changes, or any other market force are not compensable from the Recovery Fund; the fund covers only actual financial losses directly caused by a licensee's misconduct, not investment losses inherent in real estate ownership.
Closing costs
Closing costs are standard transaction expenses paid to various service providers and are not losses caused by licensee misconduct; the Recovery Fund does not reimburse buyers or sellers for the ordinary costs of completing a real estate transaction.
Why is this correct?
Answer B is correct because Ohio Revised Code Β§ 4735.12 expressly establishes the Real Estate Recovery Fund to compensate consumers who have obtained a civil judgment against a licensed real estate broker or salesperson for acts of fraud, misrepresentation, deceit, or conversion of trust funds that occurred in the course of a real estate transaction, and who cannot collect that judgment from the licensee directly. The fund is specifically limited to losses arising from licensee misconduct β it is not a general consumer protection fund for any real estate-related loss.
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