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Ohio's Real Estate Recovery Fund compensates consumers for:

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Question & Answer

Review the question and all answer choices

A

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.

B

Losses due to licensee misconduct

Correct Answer
C

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.

D

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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