{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1527.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1527.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1527.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1527.3.html"}],"law_id":74246,"edition_id":1,"section_id":74246,"structure_id":13357,"section_number":"46.2-1527.3","catch_line":"Recovery from Fund, generally","history":"1994, c. 478; 1995, cc. 767, 816; 1998, c. 325; 2003, c. 331; 2007, c. 826; 2015, c. 615.","full_text":"Except as otherwise provided in this chapter, whenever any person is awarded a final judgment in a court of competent jurisdiction in the Commonwealth for (i) any loss or damage in connection with the purchase or lease of a motor vehicle by reason of any fraud practiced on him or fraudulent representation made to him by a licensed or registered motor vehicle dealer participating in the Motor Vehicle Transaction Recovery Fund or one of a dealer’s salespersons acting for the dealer or within the scope of his employment or (ii) any loss or damage by reason of the violation by a dealer or salesperson participating in the Motor Vehicle Transaction Recovery Fund of any of the provisions of this chapter, the judgment creditor may file a verified claim with the Board, requesting payment from the Fund of the amount unpaid on the judgment subject to the following conditions:\n\n1\n\nThe claim shall be filed with the Board no sooner than 30 days and no later than 12 months after the judgment becomes final along with the evidence of compliance with subdivision 3 below.2\n\nThe Board shall consider for payment claims submitted by retail purchasers of motor vehicles, and for purchases of motor vehicles by licensed or registered motor vehicle dealers who contribute to the Fund. The Board shall also consider for payment claims submitted by lessees of motor vehicles leased from licensed or registered motor vehicle dealers who contribute to the Fund.3\n\nIf the final judgment from a court of competent jurisdiction includes, as part of the judgment, an award of attorney fees and court costs, the Fund may include those in its payment of the claim if (i) the claimant had previously submitted to the trial court a detailed and itemized affidavit by counsel for the judgment creditor seeking such fees and costs, including a breakdown of the hours worked and the subject matter of those hours; (ii) said itemized affidavit formed the basis of the court’s award of such fees; and (iii) a copy of such affidavit is provided to the Board with the judgment creditor’s claim. If the award of attorney fees and costs by the trial court was not based on a detailed and itemized affidavit from counsel for the judgment creditor with a breakdown of the hours worked, then the Board may review and limit any claim for attorney fees to those attorney fees directly attributable to that portion of the final judgment that is determined to be a compensable claim by the Board against the Fund, and the Board may require a detailed itemization from counsel before considering such claim for attorney fees.","order_by":null,"text":{"0":{"id":266945,"text":"Except as otherwise provided in this chapter, whenever any person is awarded a final judgment in a court of competent jurisdiction in the Commonwealth for (i) any loss or damage in connection with the purchase or lease of a motor vehicle by reason of any fraud practiced on him or fraudulent representation made to him by a licensed or registered motor vehicle dealer participating in the Motor Vehicle Transaction Recovery Fund or one of a dealer’s salespersons acting for the dealer or within the scope of his employment or (ii) any loss or damage by reason of the violation by a dealer or salesperson participating in the Motor Vehicle Transaction Recovery Fund of any of the provisions of this chapter, the judgment creditor may file a verified claim with the Board, requesting payment from the Fund of the amount unpaid on the judgment subject to the following conditions:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":266946,"text":"The claim shall be filed with the Board no sooner than 30 days and no later than 12 months after the judgment becomes final along with the evidence of compliance with subdivision 3 below.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":266947,"text":"The Board shall consider for payment claims submitted by retail purchasers of motor vehicles, and for purchases of motor vehicles by licensed or registered motor vehicle dealers who contribute to the Fund. The Board shall also consider for payment claims submitted by lessees of motor vehicles leased from licensed or registered motor vehicle dealers who contribute to the Fund.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":266948,"text":"If the final judgment from a court of competent jurisdiction includes, as part of the judgment, an award of attorney fees and court costs, the Fund may include those in its payment of the claim if (i) the claimant had previously submitted to the trial court a detailed and itemized affidavit by counsel for the judgment creditor seeking such fees and costs, including a breakdown of the hours worked and the subject matter of those hours; (ii) said itemized affidavit formed the basis of the court’s award of such fees; and (iii) a copy of such affidavit is provided to the Board with the judgment creditor’s claim. If the award of attorney fees and costs by the trial court was not based on a detailed and itemized affidavit from counsel for the judgment creditor with a breakdown of the hours worked, then the Board may review and limit any claim for attorney fees to those attorney fees directly attributable to that portion of the final judgment that is determined to be a compensable claim by the Board against the Fund, and the Board may require a detailed itemization from counsel before considering such claim for attorney fees.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":13357,"edition_id":1,"name":"Motor Vehicle Transaction Recovery Fund","identifier":"3.1","label":"article","depth":4,"order_by":1,"parent_id":13356,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231229,"object_type":"structure","relational_id":13357,"identifier":"3.1","token":"46.2\/IV\/15\/3.1","url":"\/46.2\/IV\/15\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13356,"edition_id":1,"name":"Motor Vehicle Dealers","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":13355,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231067,"object_type":"structure","relational_id":13356,"identifier":"15","token":"46.2\/IV\/15","url":"\/46.2\/IV\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13355,"edition_id":1,"name":"Dealers and Driver Training Schools","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231065,"object_type":"structure","relational_id":13355,"identifier":"IV","token":"46.2\/IV","url":"\/46.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","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":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54334,"structure_id":13357,"section_number":"46.2-1527.1","catch_line":"Motor Vehicle Transaction Recovery Fund established","url":"\/46.2-1527.1\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.1","metadata":false},{"id":70680,"structure_id":13357,"section_number":"46.2-1527.2","catch_line":"Bonding requirements for applicants for an original license","url":"\/46.2-1527.2\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.2","metadata":false},{"id":74246,"structure_id":13357,"section_number":"46.2-1527.3","catch_line":"Recovery from Fund, generally","url":"\/46.2-1527.3\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.3","metadata":false},{"id":82456,"structure_id":13357,"section_number":"46.2-1527.4","catch_line":"Opportunity to intervene","url":"\/46.2-1527.4\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.4","metadata":false},{"id":77640,"structure_id":13357,"section_number":"46.2-1527.5","catch_line":"Limitations on recovery from Fund","url":"\/46.2-1527.5\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.5","metadata":false},{"id":63395,"structure_id":13357,"section_number":"46.2-1527.6","catch_line":"Assignment of claimant's rights to the Board; payment of claims","url":"\/46.2-1527.6\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.6","metadata":false},{"id":55176,"structure_id":13357,"section_number":"46.2-1527.7","catch_line":"Revocation of license or certificate of registration on payment from the Fund","url":"\/46.2-1527.7\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.7","metadata":false},{"id":55651,"structure_id":13357,"section_number":"46.2-1527.8","catch_line":"No waiver by the Board of disciplinary action against licensee or registrant","url":"\/46.2-1527.8\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.8","metadata":false}],"previous_section":{"id":70680,"structure_id":13357,"section_number":"46.2-1527.2","catch_line":"Bonding requirements for applicants for an original license","url":"\/46.2-1527.2\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.2","metadata":false},"next_section":{"id":82456,"structure_id":13357,"section_number":"46.2-1527.4","catch_line":"Opportunity to intervene","url":"\/46.2-1527.4\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1527.3\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 478<\/a> 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. It has been modified 5 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 1995, chapters 767<\/a> and 816<\/a>; in 1998, chapter 325<\/a>; in 2003, chapter 331<\/a>; in 2007, chapter 826<\/a>; in 2015, chapter 615<\/a>.<\/p>","references":[{"id":54334,"section_number":"46.2-1527.1","catch_line":"Motor Vehicle Transaction Recovery Fund established","order_by":null,"url":"\/46.2-1527.1\/"},{"id":77640,"section_number":"46.2-1527.5","catch_line":"Limitations on recovery from Fund","order_by":null,"url":"\/46.2-1527.5\/"}],"refers_to":false,"permalink":{"id":231239,"object_type":"law","relational_id":74246,"identifier":"46.2-1527.3","token":"46.2\/IV\/15\/3.1\/46.2-1527.3","url":"\/46.2-1527.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1527.3\/","token":"46.2\/IV\/15\/3.1\/46.2-1527.3","dublin_core":{"Title":"Recovery from Fund, generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1527.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Except as otherwise provided in this chapter, whenever any person is awarded a final judgment in a court<\/span> of competent jurisdiction<\/span> in the Commonwealth for (i) any loss or damage in connection with the purchase or lease of a motor vehicle by reason of any fraud<\/span> practiced on him or fraudulent representation made to him by a licensed or registered motor vehicle dealer<\/span> participating in the Motor Vehicle Transaction Recovery Fund<\/span> or one of a dealer’s salespersons<\/span> acting for the dealer or within the scope of his employment or (ii) any loss or damage by reason of the violation by a dealer or salesperson<\/span> participating in the Motor Vehicle Transaction Recovery Fund<\/span> of any of the provisions of this chapter, the judgment creditor<\/span> may file a verified claim with the Board<\/span>, requesting payment from the Fund<\/span> of the amount unpaid on the judgment subject to the following conditions:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The claim shall be filed with the Board<\/span> no sooner than 30 days and no later than 12 months after the judgment becomes final along with the evidence<\/span> of compliance with subdivision 3 below. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Board<\/span> shall consider for payment claims submitted by retail purchasers of motor vehicles<\/span>, and for purchases of motor vehicles<\/span> by licensed or registered motor vehicle dealers<\/span> who contribute to the Fund<\/span>. The Board<\/span> shall also consider for payment claims submitted by lessees of motor vehicles<\/span> leased from licensed or registered motor vehicle dealers<\/span> who contribute to the Fund<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the final judgment from a court<\/span> of competent jurisdiction<\/span> includes, as part of the judgment, an award of attorney fees and court<\/span> costs, the Fund<\/span> may include those in its payment of the claim if (i) the claimant had previously submitted to the trial<\/span> court<\/span> a detailed and itemized affidavit<\/span> by counsel<\/span> for the judgment creditor<\/span> seeking such fees and costs, including a breakdown of the hours worked and the subject matter of those hours; (ii) said itemized affidavit<\/span> formed the basis of the court<\/span>’s award of such fees; and (iii) a copy of such affidavit<\/span> is provided to the Board<\/span> with the judgment creditor<\/span>’s claim. If the award of attorney fees and costs by the trial<\/span> court<\/span> was not based on a detailed and itemized affidavit<\/span> from counsel<\/span> for the judgment creditor<\/span> with a breakdown of the hours worked, then the Board<\/span> may review and limit any claim for attorney fees to those attorney fees directly attributable to that portion of the final judgment that is determined to be a compensable claim by the Board<\/span> against the Fund<\/span>, and the Board<\/span> may require a detailed itemization from counsel<\/span> before considering such claim for attorney fees. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECOVERY FROM FUND, GENERALLY (\u00a7 46.2-1527.3)\n\nExcept as otherwise provided in this chapter, whenever any person is awarded a\nfinal judgment in a court of competent jurisdiction in the Commonwealth for (i)\nany loss or damage in connection with the purchase or lease of a motor vehicle\nby reason of any fraud practiced on him or fraudulent representation made to him\nby a licensed or registered motor vehicle dealer participating in the Motor\nVehicle Transaction Recovery Fund or one of a dealer’s salespersons acting\nfor the dealer or within the scope of his employment or (ii) any loss or damage\nby reason of the violation by a dealer or salesperson participating in the Motor\nVehicle Transaction Recovery Fund of any of the provisions of this chapter, the\njudgment creditor may file a verified claim with the Board, requesting payment\nfrom the Fund of the amount unpaid on the judgment subject to the following\nconditions:\n\n1. The claim shall be filed with the Board no sooner than 30 days and no later\nthan 12 months after the judgment becomes final along with the evidence of\ncompliance with subdivision 3 below.\n\n2. The Board shall consider for payment claims submitted by retail purchasers of\nmotor vehicles, and for purchases of motor vehicles by licensed or registered\nmotor vehicle dealers who contribute to the Fund. The Board shall also consider\nfor payment claims submitted by lessees of motor vehicles leased from licensed\nor registered motor vehicle dealers who contribute to the Fund.\n\n3. If the final judgment from a court of competent jurisdiction includes, as\npart of the judgment, an award of attorney fees and court costs, the Fund may\ninclude those in its payment of the claim if (i) the claimant had previously\nsubmitted to the trial court a detailed and itemized affidavit by counsel for\nthe judgment creditor seeking such fees and costs, including a breakdown of the\nhours worked and the subject matter of those hours; (ii) said itemized affidavit\nformed the basis of the court’s award of such fees; and (iii) a copy of\nsuch affidavit is provided to the Board with the judgment creditor’s\nclaim. If the award of attorney fees and costs by the trial court was not based\non a detailed and itemized affidavit from counsel for the judgment creditor with\na breakdown of the hours worked, then the Board may review and limit any claim\nfor attorney fees to those attorney fees directly attributable to that portion\nof the final judgment that is determined to be a compensable claim by the Board\nagainst the Fund, and the Board may require a detailed itemization from counsel\nbefore considering such claim for attorney fees.\n\nHISTORY: 1994, c. 478; 1995, cc. 767, 816; 1998, c. 325; 2003, c. 331; 2007, c.\n826; 2015, c. 615.","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}}