Sec. 4. (a) If any aggrieved person obtains a final judgment in any court against a licensee to recover damages for any act of:
(1) embezzlement of money or property; or
(2) unlawfully obtaining money or property by false pretenses, use of a device, trickery, or forgery;
that results in an actual cash loss to the aggrieved person (as opposed to loss in market value), the person may, upon termination of all proceedings including appeals and proceedings supplemental to judgment for collection purposes, file a verified application with the commission for an order directing payment out of the real estate recovery fund of the amount of actual and direct loss in the transaction that remains unpaid upon the judgment. The amount of actual and direct loss may include court costs but may not include attorney's fees or punitive damages awarded. The amount that may be paid from the real estate recovery fund may not exceed twenty thousand dollars ($20,000) per judgment and an aggregate lifetime limit of fifty thousand dollars ($50,000) with respect to any one (1) licensee.
(b) This section applies only to a final judgment that awards damages for an act by the licensee described in subsections (a)(1) through (a)(2) that arises directly out of any transaction:
(1) that occurred when the licensee was licensed;
(2) for which a license was required under IC 25-34.1; and
(3) that occurred after December 31, 1987.
As added by P.L.255-1987, SEC.6. Amended by P.L.134-2013, SEC.17.
Structure Indiana Code
Title 25. Professions and Occupations
Article 34.1. Real Estate Brokers and Salespersons
Chapter 7. Real Estate Recovery Fund
25-34.1-7-1. Establishment of Fund; Administration; Investments
25-34.1-7-2. Surcharge; Formula; Assessment; Application of Section
25-34.1-7-2.1. Reversion of Excess Funds
25-34.1-7-3. Interest on Investments; Payment of Expenses
25-34.1-7-6. Agent for Service of Process
25-34.1-7-7. Limitation of Actions; Notice of Commencement of Action
25-34.1-7-8. Commission as Defendant; Hearings; Orders Directing Payment
25-34.1-7-9. Payment of Claims
25-34.1-7-10. Suspension of Judgment Debtor's License; Repayment of Fund; Interest