{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-85.32.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-85.32.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-85.32.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-85.32.html"}],"law_id":59631,"edition_id":1,"section_id":59631,"structure_id":14218,"section_number":"36-85.32","catch_line":"Recovery from fund generally","history":"1991, c. 555; 1992, c. 223; 1994, c. 671; 2009, cc. 141, 579.","full_text":"Any person who suffers any loss or damage by any act of a regulant that constitutes a violation of this chapter shall have the right to institute an action to recover from the recovery fund.\n\t\tUpon a finding by the Board that a violation has occurred, the Board shall direct the responsible manufacturer, dealer, broker, or salesperson to pay the awarded amount to the claimant. If such amount is not paid within thirty days following receipt of the written decision of the Board and no appeal has been filed in court, the Board shall, upon request of the claimant, pay from the recovery fund the amount of the award to the claimant provided that:\n\n1\n\nThe maximum claim of one claimant against the fund because of a single or multiple violations by one or more regulants shall be limited to $40,000;2\n\nThe fund balance is sufficient to pay the award;3\n\nThe claimant has assigned the Board all rights and claims against the regulant; and4\n\nThe claimant agrees to subrogate to the Board all rights of the claimant to the extent of payment.\n\t\t\tThe aggregate of claims against the fund for violations by any one regulant shall be limited by the Board to $75,000 per manufacturer, $35,000 per dealer, $35,000 per broker, and $25,000 per salesperson during any license period. If a claim has been made against the fund, and the Board has reason to believe there may be additional claims against the fund from other transactions involving the same regulant, the Board may withhold any payments from the fund involving such regulant for a period of not more than one year from the date on which the claimant is approved by the Board for an award from the fund. After this one-year period, if the aggregate of claims against the regulant exceeds the above limitations, said amount shall be prorated by the Board among the claimants and paid from the fund in proportion to the amounts of their awards remaining unpaid.\n\t\t\tThe amount of damages awarded by the Board shall be limited to actual, compensatory damages and shall not include attorney’s fees for representation before the Board.","order_by":null,"text":{"0":{"id":218398,"text":"Any person who suffers any loss or damage by any act of a regulant that constitutes a violation of this chapter shall have the right to institute an action to recover from the recovery fund.\n\t\tUpon a finding by the Board that a violation has occurred, the Board shall direct the responsible manufacturer, dealer, broker, or salesperson to pay the awarded amount to the claimant. If such amount is not paid within thirty days following receipt of the written decision of the Board and no appeal has been filed in court, the Board shall, upon request of the claimant, pay from the recovery fund the amount of the award to the claimant provided that:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":218399,"text":"The maximum claim of one claimant against the fund because of a single or multiple violations by one or more regulants shall be limited to $40,000;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":218400,"text":"The fund balance is sufficient to pay the award;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":218401,"text":"The claimant has assigned the Board all rights and claims against the regulant; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":218402,"text":"The claimant agrees to subrogate to the Board all rights of the claimant to the extent of payment.\n\t\t\tThe aggregate of claims against the fund for violations by any one regulant shall be limited by the Board to $75,000 per manufacturer, $35,000 per dealer, $35,000 per broker, and $25,000 per salesperson during any license period. If a claim has been made against the fund, and the Board has reason to believe there may be additional claims against the fund from other transactions involving the same regulant, the Board may withhold any payments from the fund involving such regulant for a period of not more than one year from the date on which the claimant is approved by the Board for an award from the fund. After this one-year period, if the aggregate of claims against the regulant exceeds the above limitations, said amount shall be prorated by the Board among the claimants and paid from the fund in proportion to the amounts of their awards remaining unpaid.\n\t\t\tThe amount of damages awarded by the Board shall be limited to actual, compensatory damages and shall not include attorney’s fees for representation before the Board.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":14218,"edition_id":1,"name":"Virginia Manufactured Housing Transaction Recovery Fund","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13321,"metadata":{},"date_created":"2026-06-26 03:47:19","date_modified":"2026-06-26 03:47:19","permalink":{"id":209149,"object_type":"structure","relational_id":14218,"identifier":"2","token":"36\/4.2\/2","url":"\/36\/4.2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13321,"edition_id":1,"name":"Manufactured Housing Licensing and Transaction Recovery Fund Law","identifier":"4.2","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":209081,"object_type":"structure","relational_id":13321,"identifier":"4.2","token":"36\/4.2","url":"\/36\/4.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62104,"structure_id":14218,"section_number":"36-85.31","catch_line":"Recovery fund to be established","url":"\/36-85.31\/","token":"36\/4.2\/2\/36-85.31","metadata":false},{"id":59631,"structure_id":14218,"section_number":"36-85.32","catch_line":"Recovery from fund generally","url":"\/36-85.32\/","token":"36\/4.2\/2\/36-85.32","metadata":false},{"id":83556,"structure_id":14218,"section_number":"36-85.33","catch_line":"Revocation of license upon payment from fund","url":"\/36-85.33\/","token":"36\/4.2\/2\/36-85.33","metadata":false},{"id":55420,"structure_id":14218,"section_number":"36-85.34","catch_line":"Disciplinary action by Board","url":"\/36-85.34\/","token":"36\/4.2\/2\/36-85.34","metadata":false},{"id":59237,"structure_id":14218,"section_number":"36-85.35","catch_line":"Appeals from decision of the Board","url":"\/36-85.35\/","token":"36\/4.2\/2\/36-85.35","metadata":false},{"id":84165,"structure_id":14218,"section_number":"36-85.36","catch_line":"Recovery fund administrative regulations","url":"\/36-85.36\/","token":"36\/4.2\/2\/36-85.36","metadata":false}],"previous_section":{"id":62104,"structure_id":14218,"section_number":"36-85.31","catch_line":"Recovery fund to be established","url":"\/36-85.31\/","token":"36\/4.2\/2\/36-85.31","metadata":false},"next_section":{"id":83556,"structure_id":14218,"section_number":"36-85.33","catch_line":"Revocation of license upon payment from fund","url":"\/36-85.33\/","token":"36\/4.2\/2\/36-85.33","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-85.32\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 555 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 223; in 1994, chapter 671<\/a>; in 2009, chapters 141<\/a> and 579<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":209155,"object_type":"law","relational_id":59631,"identifier":"36-85.32","token":"36\/4.2\/2\/36-85.32","url":"\/36-85.32\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-85.32\/","token":"36\/4.2\/2\/36-85.32","dublin_core":{"Title":"Recovery from fund generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-85.32","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any person<\/span> who suffers any loss or damage by any act of a regulant<\/span> that constitutes a violation of this chapter shall have the right to institute an action to recover from the recovery fund<\/span>.\n\t\tUpon a finding<\/span> by the Board<\/span> that a violation has occurred, the Board<\/span> shall direct the responsible manufacturer<\/span>, dealer<\/span>, broker<\/span>, or salesperson<\/span> to pay the awarded amount to the claimant<\/span>. If such amount is not paid within thirty days following receipt of the written decision of the Board<\/span> and no appeal<\/span> has been filed in court<\/span>, the Board<\/span> shall, upon request of the claimant<\/span>, pay from the recovery fund<\/span> the amount of the award to the claimant<\/span> provided that:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The maximum claim of one claimant<\/span> against the fund because of a single or multiple violations by one or more regulants<\/span> shall be limited to $40,000; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The fund balance is sufficient to pay the award; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The claimant<\/span> has assigned the Board<\/span> all rights and claims against the regulant<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The claimant<\/span> agrees to subrogate to the Board<\/span> all rights of the claimant<\/span> to the extent of payment.\n\t\t\tThe aggregate of claims against the fund for violations by any one regulant<\/span> shall be limited by the Board<\/span> to $75,000 per manufacturer<\/span>, $35,000 per dealer<\/span>, $35,000 per broker<\/span>, and $25,000 per salesperson<\/span> during any license period. If a claim has been made against the fund, and the Board<\/span> has reason to believe there may be additional claims against the fund from other transactions involving the same regulant<\/span>, the Board<\/span> may withhold any payments from the fund involving such regulant<\/span> for a period of not more than one year from the date on which the claimant<\/span> is approved by the Board<\/span> for an award from the fund. After this one-year period, if the aggregate of claims against the regulant<\/span> exceeds the above limitations, said amount shall be prorated by the Board<\/span> among the claimants<\/span> and paid from the fund in proportion to the amounts of their awards remaining unpaid.\n\t\t\tThe amount of damages<\/span> awarded by the Board<\/span> shall be limited to actual, compensatory damages<\/span> and shall not include attorney’s fees for representation before the Board<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECOVERY FROM FUND GENERALLY (\u00a7 36-85.32)\n\nAny person who suffers any loss or damage by any act of a regulant that\nconstitutes a violation of this chapter shall have the right to institute an\naction to recover from the recovery fund.\n\t\tUpon a finding by the Board that a violation has occurred, the Board shall\ndirect the responsible manufacturer, dealer, broker, or salesperson to pay the\nawarded amount to the claimant. If such amount is not paid within thirty days\nfollowing receipt of the written decision of the Board and no appeal has been\nfiled in court, the Board shall, upon request of the claimant, pay from the\nrecovery fund the amount of the award to the claimant provided that:\n\n1. The maximum claim of one claimant against the fund because of a single or\nmultiple violations by one or more regulants shall be limited to $40,000;\n\n2. The fund balance is sufficient to pay the award;\n\n3. The claimant has assigned the Board all rights and claims against the\nregulant; and\n\n4. The claimant agrees to subrogate to the Board all rights of the claimant to\nthe extent of payment.\n\t\t\tThe aggregate of claims against the fund for violations by any one regulant\nshall be limited by the Board to $75,000 per manufacturer, $35,000 per dealer,\n$35,000 per broker, and $25,000 per salesperson during any license period. If a\nclaim has been made against the fund, and the Board has reason to believe there\nmay be additional claims against the fund from other transactions involving the\nsame regulant, the Board may withhold any payments from the fund involving such\nregulant for a period of not more than one year from the date on which the\nclaimant is approved by the Board for an award from the fund. After this\none-year period, if the aggregate of claims against the regulant exceeds the\nabove limitations, said amount shall be prorated by the Board among the\nclaimants and paid from the fund in proportion to the amounts of their awards\nremaining unpaid.\n\t\t\tThe amount of damages awarded by the Board shall be limited to actual,\ncompensatory damages and shall not include attorney’s fees for\nrepresentation before the Board.\n\nHISTORY: 1991, c. 555; 1992, c. 223; 1994, c. 671; 2009, cc. 141, 579.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}