{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2112.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2112.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2112.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2112.html"}],"law_id":60222,"edition_id":1,"section_id":60222,"structure_id":14466,"section_number":"54.1-2112","catch_line":"Definitions","history":"1977, c. 69, \u00a7 54-765.2; 1984, cc. 266, 283; 1985, c. 448; 1987, c. 555; 1988, c. 765; 1992, c. 348; 1993, c. 499; 2015, c. 409.","full_text":"As used in this article, unless the context requires a different meaning:\n\t\t&#8220;Act&#8221; means the Virginia Real Estate Transaction Recovery Act.\n\t\t&#8220;Balance of the fund&#8221; means cash, securities that are legal investments for fiduciaries under the provisions of subdivisions A 1, 2, and 4 of \u00a7 2.2-4519, and repurchase agreements secured by obligations of the United States government or any agency thereof, and shall not mean accounts receivable, judgments, notes, accrued interest, or other obligations payable to the fund.\n\t\t&#8220;Board&#8221; means the Real Estate Board.\n\t\t&#8220;Claimant&#8221; means any person with an unsatisfied judgment against a regulant, who has filed a verified claim under this act.\n\t\t&#8220;Director&#8221; means the Director of the Department of Professional and Occupational Regulation.\n\t\t&#8220;Fund&#8221; means the Virginia Real Estate Transaction Recovery Fund.\n\t\t&#8220;Improper or dishonest conduct&#8221; includes only the wrongful and fraudulent taking or conversion of money, property or other things of value or material misrepresentation or deceit.\n\t\t&#8220;Judgment&#8221; includes an order of a United States Bankruptcy Court (i) declaring a claim against a regulant who is in bankruptcy to be a &#8220;Debt Nondischargeable in Bankruptcy,&#8221; (ii) extinguishing a claim against a regulant who is in bankruptcy and for which claim no distribution was made from the regulant&#8217;s bankruptcy estate but excluding any such claim disallowed by order of the bankruptcy court, or (iii) extinguishing a claim against a regulant who is in bankruptcy and for which claim only partial distribution was made from the regulant&#8217;s bankruptcy estate. An order of dismissal shall not be considered a judgment.\n\t\t&#8220;Regulant&#8221; means a person, partnership, association, corporation, agency, firm or any other entity licensed by the Real Estate Board as a real estate broker or real estate salesperson.\n\t\t&#8220;Verified claim&#8221; means a completed application, on a form designed by the Board, the truthfulness of which has been attested to by the claimant before a notary public, along with all required supporting documentation, that has been properly received by the Department in accordance with this chapter.","order_by":null,"text":{"0":{"id":220280,"text":"As used in this article, unless the context requires a different meaning:\n\t\t&#8220;Act&#8221; means the Virginia Real Estate Transaction Recovery Act.\n\t\t&#8220;Balance of the fund&#8221; means cash, securities that are legal investments for fiduciaries under the provisions of subdivisions A 1, 2, and 4 of \u00a7 2.2-4519, and repurchase agreements secured by obligations of the United States government or any agency thereof, and shall not mean accounts receivable, judgments, notes, accrued interest, or other obligations payable to the fund.\n\t\t&#8220;Board&#8221; means the Real Estate Board.\n\t\t&#8220;Claimant&#8221; means any person with an unsatisfied judgment against a regulant, who has filed a verified claim under this act.\n\t\t&#8220;Director&#8221; means the Director of the Department of Professional and Occupational Regulation.\n\t\t&#8220;Fund&#8221; means the Virginia Real Estate Transaction Recovery Fund.\n\t\t&#8220;Improper or dishonest conduct&#8221; includes only the wrongful and fraudulent taking or conversion of money, property or other things of value or material misrepresentation or deceit.\n\t\t&#8220;Judgment&#8221; includes an order of a United States Bankruptcy Court (i) declaring a claim against a regulant who is in bankruptcy to be a &#8220;Debt Nondischargeable in Bankruptcy,&#8221; (ii) extinguishing a claim against a regulant who is in bankruptcy and for which claim no distribution was made from the regulant&#8217;s bankruptcy estate but excluding any such claim disallowed by order of the bankruptcy court, or (iii) extinguishing a claim against a regulant who is in bankruptcy and for which claim only partial distribution was made from the regulant&#8217;s bankruptcy estate. An order of dismissal shall not be considered a judgment.\n\t\t&#8220;Regulant&#8221; means a person, partnership, association, corporation, agency, firm or any other entity licensed by the Real Estate Board as a real estate broker or real estate salesperson.\n\t\t&#8220;Verified claim&#8221; means a completed application, on a form designed by the Board, the truthfulness of which has been attested to by the claimant before a notary public, along with all required supporting documentation, that has been properly received by the Department in accordance with this chapter.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14466,"edition_id":1,"name":"Virginia Real Estate Transaction Recovery Act","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12756,"metadata":{},"date_created":"2026-06-26 03:48:14","date_modified":"2026-06-26 03:48:14","permalink":{"id":240015,"object_type":"structure","relational_id":14466,"identifier":"2","token":"54.1\/II\/21\/2","url":"\/54.1\/II\/21\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12756,"edition_id":1,"name":"Real Estate Brokers, Sales Persons and Rental Location Agents","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12755,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239911,"object_type":"structure","relational_id":12756,"identifier":"21","token":"54.1\/II\/21","url":"\/54.1\/II\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12755,"edition_id":1,"name":"Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239415,"object_type":"structure","relational_id":12755,"identifier":"II","token":"54.1\/II","url":"\/54.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60222,"structure_id":14466,"section_number":"54.1-2112","catch_line":"Definitions","url":"\/54.1-2112\/","token":"54.1\/II\/21\/2\/54.1-2112","metadata":false},{"id":65698,"structure_id":14466,"section_number":"54.1-2113","catch_line":"Establishment and maintenance of fund, duty of Director, assessments of regulants","url":"\/54.1-2113\/","token":"54.1\/II\/21\/2\/54.1-2113","metadata":false},{"id":61533,"structure_id":14466,"section_number":"54.1-2114","catch_line":"Recovery from fund generally","url":"\/54.1-2114\/","token":"54.1\/II\/21\/2\/54.1-2114","metadata":false},{"id":69136,"structure_id":14466,"section_number":"54.1-2115","catch_line":"Investigations","url":"\/54.1-2115\/","token":"54.1\/II\/21\/2\/54.1-2115","metadata":false},{"id":59654,"structure_id":14466,"section_number":"54.1-2116","catch_line":"Limitations upon recovery from fund; certain actions not a bar to recovery","url":"\/54.1-2116\/","token":"54.1\/II\/21\/2\/54.1-2116","metadata":false},{"id":62973,"structure_id":14466,"section_number":"54.1-2117","catch_line":"Participation by Board in proceedings","url":"\/54.1-2117\/","token":"54.1\/II\/21\/2\/54.1-2117","metadata":false},{"id":55845,"structure_id":14466,"section_number":"54.1-2118","catch_line":"Payment of claim; assignment of claimant's rights to Board","url":"\/54.1-2118\/","token":"54.1\/II\/21\/2\/54.1-2118","metadata":false},{"id":72764,"structure_id":14466,"section_number":"54.1-2119","catch_line":"Revocation of license of regulant upon payment from fund","url":"\/54.1-2119\/","token":"54.1\/II\/21\/2\/54.1-2119","metadata":false},{"id":83015,"structure_id":14466,"section_number":"54.1-2120","catch_line":"No waiver by Board of disciplinary action against regulant","url":"\/54.1-2120\/","token":"54.1\/II\/21\/2\/54.1-2120","metadata":false}],"next_section":{"id":65698,"structure_id":14466,"section_number":"54.1-2113","catch_line":"Establishment and maintenance of fund, duty of Director, assessments of regulants","url":"\/54.1-2113\/","token":"54.1\/II\/21\/2\/54.1-2113","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2112\/","history_text":"<p>This law was first created in 1977. The record of its establishment is cataloged in chapter 69 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1984, chapters 266 and 283; in 1985, chapter 448; in 1987, chapter 555; in 1988, chapter 765; in 1992, chapter 348; in 1993, chapter 499; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0409\">409<\/a>.<\/p>","references":[{"id":61533,"section_number":"54.1-2114","catch_line":"Recovery from fund generally","order_by":null,"url":"\/54.1-2114\/"}],"refers_to":[{"id":82053,"section_number":"2.2-4519","catch_line":"Investment of funds by the Virginia Housing Development Authority and the Virginia Resources Authority","order_by":null,"url":"\/2.2-4519\/"}],"permalink":{"id":240017,"object_type":"law","relational_id":60222,"identifier":"54.1-2112","token":"54.1\/II\/21\/2\/54.1-2112","url":"\/54.1-2112\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2112\/","token":"54.1\/II\/21\/2\/54.1-2112","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2112","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this article, unless the context requires a different meaning:\n\t\t&#8220;<span class=\"dictionary\">Act<\/span>&#8221; means the Virginia Real Estate Transaction Recovery <span class=\"dictionary\">Act<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Balance of the fund<\/span>&#8221; means cash, securities that are legal investments for fiduciaries under the provisions of subdivisions A 1, 2, and 4 of \u00a7&nbsp;<a class=\"law\" title=\"Investment of funds by the Virginia Housing Development Authority and the Virginia Resources Authority\" href=\"\/2.2-4519\/\">2.2-4519<\/a>, and repurchase agreements secured by obligations of the United States government or any agency thereof, and shall not mean accounts receivable, <span class=\"dictionary\">judgments<\/span>, notes, accrued interest, or other obligations payable to the fund.\n\t\t&#8220;<span class=\"dictionary\">Board<\/span>&#8221; means the Real Estate <span class=\"dictionary\">Board<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Claimant<\/span>&#8221; means any person with an unsatisfied <span class=\"dictionary\">judgment<\/span> against a <span class=\"dictionary\">regulant<\/span>, who has filed a <span class=\"dictionary\">verified claim<\/span> under this <span class=\"dictionary\">act<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Director<\/span>&#8221; means the <span class=\"dictionary\">Director<\/span> of the Department of Professional and Occupational Regulation.\n\t\t&#8220;Fund&#8221; means the Virginia Real Estate Transaction Recovery Fund.\n\t\t&#8220;<span class=\"dictionary\">Improper or dishonest conduct<\/span>&#8221; includes only the wrongful and fraudulent taking or conversion of money, property or other things of value or <span class=\"dictionary\">material<\/span> misrepresentation or deceit.\n\t\t&#8220;<span class=\"dictionary\">Judgment<\/span>&#8221; includes an <span class=\"dictionary\">order<\/span> of a United States <span class=\"dictionary\">Bankruptcy Court<\/span> (i) declaring a claim against a <span class=\"dictionary\">regulant<\/span> who is in bankruptcy to be a &#8220;Debt Nondischargeable in Bankruptcy,&#8221; (ii) extinguishing a claim against a <span class=\"dictionary\">regulant<\/span> who is in bankruptcy and for which claim no distribution was made from the <span class=\"dictionary\">regulant<\/span>&#8217;s <span class=\"dictionary\">bankruptcy estate<\/span> but excluding any such claim disallowed by <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">bankruptcy court<\/span>, or (iii) extinguishing a claim against a <span class=\"dictionary\">regulant<\/span> who is in bankruptcy and for which claim only partial distribution was made from the <span class=\"dictionary\">regulant<\/span>&#8217;s <span class=\"dictionary\">bankruptcy estate<\/span>. An <span class=\"dictionary\">order<\/span> of <span class=\"dictionary\">dismissal<\/span> shall not be considered a <span class=\"dictionary\">judgment<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Regulant<\/span>&#8221; means a person, partnership, association, corporation, agency, firm or any other entity licensed by the Real Estate <span class=\"dictionary\">Board<\/span> as a <span class=\"dictionary\">real estate broker<\/span> or <span class=\"dictionary\">real estate salesperson<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Verified claim<\/span>&#8221; means a completed application, on a form designed by the <span class=\"dictionary\">Board<\/span>, the truthfulness of which has been attested to by the <span class=\"dictionary\">claimant<\/span> before a notary public, along with all required supporting documentation, that has been properly received by the Department in accordance with this chapter.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 54.1-2112)\n\nAs used in this article, unless the context requires a different meaning:\n\t\t&#8220;Act&#8221; means the Virginia Real Estate Transaction Recovery Act.\n\t\t&#8220;Balance of the fund&#8221; means cash, securities that are legal\ninvestments for fiduciaries under the provisions of subdivisions A 1, 2, and 4\nof \u00a7 2.2-4519, and repurchase agreements secured by obligations of the United\nStates government or any agency thereof, and shall not mean accounts receivable,\njudgments, notes, accrued interest, or other obligations payable to the fund.\n\t\t&#8220;Board&#8221; means the Real Estate Board.\n\t\t&#8220;Claimant&#8221; means any person with an unsatisfied judgment against a\nregulant, who has filed a verified claim under this act.\n\t\t&#8220;Director&#8221; means the Director of the Department of Professional\nand Occupational Regulation.\n\t\t&#8220;Fund&#8221; means the Virginia Real Estate Transaction Recovery Fund.\n\t\t&#8220;Improper or dishonest conduct&#8221; includes only the wrongful and\nfraudulent taking or conversion of money, property or other things of value or\nmaterial misrepresentation or deceit.\n\t\t&#8220;Judgment&#8221; includes an order of a United States Bankruptcy Court\n(i) declaring a claim against a regulant who is in bankruptcy to be a\n&#8220;Debt Nondischargeable in Bankruptcy,&#8221; (ii) extinguishing a claim\nagainst a regulant who is in bankruptcy and for which claim no distribution was\nmade from the regulant&#8217;s bankruptcy estate but excluding any such claim\ndisallowed by order of the bankruptcy court, or (iii) extinguishing a claim\nagainst a regulant who is in bankruptcy and for which claim only partial\ndistribution was made from the regulant&#8217;s bankruptcy estate. An order of\ndismissal shall not be considered a judgment.\n\t\t&#8220;Regulant&#8221; means a person, partnership, association, corporation,\nagency, firm or any other entity licensed by the Real Estate Board as a real\nestate broker or real estate salesperson.\n\t\t&#8220;Verified claim&#8221; means a completed application, on a form designed\nby the Board, the truthfulness of which has been attested to by the claimant\nbefore a notary public, along with all required supporting documentation, that\nhas been properly received by the Department in accordance with this chapter.\n\nHISTORY: 1977, c. 69, \u00a7 54-765.2; 1984, cc. 266, 283; 1985, c. 448; 1987, c.\n555; 1988, c. 765; 1992, c. 348; 1993, c. 499; 2015, c. 409.","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}}