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Consumer Recovery Account Information
The Real Estate Consumer Recovery Account is a victim's fund. The fund is administered by The California Department of Real Estate.
It enables a person who has been defrauded or had trust funds converted by a real estate licensee in a transaction requiring that license, and who satisfies specified requirements (California Business and Professions Code Section 10471 et seq.) to recover at least some of his or her actual loss when the licensee has insufficient personal assets to pay for that loss.
- In general, the requirements for payment from the Consumer Recovery Account include obtaining a final civil judgment or arbitration award, or a criminal restitution order against the licensee.
- The judgment, award or order must be based on intentional fraud or conversion of trust funds in connection with a transaction requiring a real estate license.
- The victim must make a reasonable search for the licensee's assets, and, if any, a reasonable effort to collect on the judgment, arbitration award or restitution order from those assets to satisfy the judgment.
- In addition, the victim must name as a defendant and make a reasonable effort to collect from all other parties involved in the transaction that may be liable to and able to pay the victim.
- An application for payment must be submitted to the Department within one year after the judgment, award or order becomes final.
- Once the application becomes complete, the Department must issue a decision granting or denying payment within 90 days.
- Applications and forms pertaining to the Consumer Recovery Account are available on the DRE Web site at this link . An application for payment from the Consumer Recovery Account can also be obtained by writing to the Department of Real Estate, Attention Real Estate Consumer Recovery Account, P.O. Box 187007, Sacramento, CA 95818.