Real Estate · General

What is the role of the state real estate recovery fund (where one exists)?

Correct answer

To compensate consumers who have suffered monetary loss due to a licensee's fraud, misrepresentation, or other violation, when they cannot collect from the licensee directly — funded by licensee fees

  1. A To pay agents' commissions
  2. B To compensate consumers who have suffered monetary loss due to a licensee's fraud, misrepresentation, or other violation, when they cannot collect from the licensee directly — funded by licensee fees
  3. C To fund real estate schools
  4. D To pay property taxes

Why this is the answer

REAL ESTATE RECOVERY FUND (Guaranty Fund): A fund maintained by some states to COMPENSATE consumers (members of the public) who have suffered an actual monetary loss due to a licensee's fraud, misrepresentation, deceit, or conversion of trust funds — when the consumer has obtained a court judgment against the licensee but CANNOT COLLECT from the licensee directly. HOW IT WORKS: The injured consumer typically must first obtain a judgment and exhaust efforts to collect from the licensee; then they may apply to the recovery fund for payment up to a statutory limit (per transaction and/or per licensee); FUNDED BY: Licensee fees/assessments (a portion of licensing fees); CONSEQUENCES FOR THE LICENSEE: When the fund pays a claim, the licensee's license is typically suspended/revoked until they REIMBURSE the fund (with interest); LIMITS: There are caps on recovery amounts; PURPOSE: Consumer protection — provides a recovery source when a dishonest or insolvent licensee can't pay; STATE-SPECIFIC: Not all states have one; details vary; the recovery fund protects the public from uncompensated losses caused by licensee misconduct and is funded by licensees — important state law concept tested on the exam.
Source: Real Estate State — Recovery Fund

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