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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>77640</law_id><section_number>46.2-1527.5</section_number><catch_line>Limitations on recovery from Fund</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="46.2">Motor Vehicles</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Dealers and Driver Training Schools</unit><unit label="chapter" level="3" order_by="1" identifier="15">Motor Vehicle Dealers</unit><unit label="article" level="4" order_by="1" identifier="3.1">Motor Vehicle Transaction Recovery Fund</unit></structure><text>
						<section><p>The maximum claim of one <span class="dictionary">judgment creditor</span> against the <span class="dictionary">Fund</span> based on an unpaid final judgment arising out of any loss or damage by reason of a claim submitted under &#xA7;&#xA0;<a class="law" title="Bonding requirements for applicants for an original license" href="/46.2-1527.2/">46.2-1527.2</a> or <a class="law" title="Recovery from Fund, generally" href="/46.2-1527.3/">46.2-1527.3</a> involving a single transaction shall be limited to $25,000, including any amount paid from the <span class="dictionary">dealer</span>&#x2019;s <span class="dictionary">surety</span> <span class="dictionary">bond</span>, regardless of the amount of the unpaid final judgment of one <span class="dictionary">judgment creditor</span>. On January 1 of each year, the amount that may be awarded to any person as a result of loss or damage to that person as provided in this section shall be increased by the percentage increase over the most recently available unadjusted 12-month period in the Consumer Price Index for <span class="dictionary">used motor vehicles</span>, as published by the U.S. Bureau of Labor Statistics or any successor index. In the event that this index decreases over any such 12-month period, there shall be no change in the amount which may be awarded.
		The aggregate of claims against the <span class="dictionary">Fund</span> based on unpaid final <span class="dictionary">judgments</span> arising out of any loss or damage by reason of a claim submitted under &#xA7;&#xA0;<a class="law" title="Recovery from Fund, generally" href="/46.2-1527.3/">46.2-1527.3</a> involving more than one transaction shall be limited to four times the amount that may be awarded to a single <span class="dictionary">judgment creditor</span>, regardless of the total amounts of the unpaid final <span class="dictionary">judgments</span> of <span class="dictionary">judgment creditors</span>.
		However, aggregate claims against the <span class="dictionary">Fund</span> under &#xA7;&#xA0;<a class="law" title="Bonding requirements for applicants for an original license" href="/46.2-1527.2/">46.2-1527.2</a> shall be limited to the amount that may be paid out of the <span class="dictionary">Fund</span> under the preceding paragraph less the amount of the <span class="dictionary">dealer</span>&#x2019;s <span class="dictionary">bond</span> and then only after the <span class="dictionary">dealer</span>&#x2019;s <span class="dictionary">bond</span> has been exhausted.
		If a claim has been made against the <span class="dictionary">Fund</span>, and the <span class="dictionary">Board</span> has reason to believe that there may be additional claims against the <span class="dictionary">Fund</span> from other transactions involving the same licensee or registrant, the <span class="dictionary">Board</span> may withhold any payment from the <span class="dictionary">Fund</span> involving the licensee or registrant for a period not to exceed the end of the relevant license or registration period. After this period, if the aggregate of claims against the licensee or registrant exceeds the aggregate amount that may be paid from the <span class="dictionary">Fund</span> under this section, then such amount shall be prorated among the claimants and paid from the <span class="dictionary">Fund</span> in proportion to the amounts of their unpaid final <span class="dictionary">judgments</span> against the licensee or registrant.
		However, claims against <span class="dictionary">motor vehicle dealers</span> and <span class="dictionary">salespersons</span> participating in the Motor Vehicle Transaction Recovery <span class="dictionary">Fund</span> pursuant to &#xA7;&#xA0;<a class="law" title="Bonding requirements for applicants for an original license" href="/46.2-1527.2/">46.2-1527.2</a> shall be prorated when the aggregate exceeds $50,000. Claims shall be prorated only after the <span class="dictionary">dealer</span>&#x2019;s $50,000 <span class="dictionary">bond</span> has been exhausted.
		On receipt of a verified claim filed against the <span class="dictionary">Fund</span>, the <span class="dictionary">Board</span> shall forthwith notify the licensee or registrant who is the subject of the unpaid judgment that a verified claim has been filed and that the licensee or registrant should satisfy the judgment debt. If the judgment debt is not fully satisfied 30 days following the date of the notification by the <span class="dictionary">Board</span>, the <span class="dictionary">Board</span> shall make payment from the <span class="dictionary">Fund</span> subject to the other limitations contained in this article.
		Excluded from the amount of any unpaid final judgment on which a claim against the <span class="dictionary">Fund</span> is based shall be any sums representing interest and punitive <span class="dictionary">damages</span>. Awards from the <span class="dictionary">Fund</span> shall be limited to reimbursement of costs paid to the <span class="dictionary">dealer</span> for all charges related to the vehicle including without limitation, the sales price, taxes, insurance, and repairs; other out of pocket costs related to the purchase, insuring and registration of the vehicle, and to the loss of use of the vehicle by the purchaser.
		If at any time the <span class="dictionary">Fund</span> is insufficient to fully satisfy any claims or claim filed with the <span class="dictionary">Board</span> and authorized by this article, the <span class="dictionary">Board</span> shall pay such claims, claim, or portion thereof to the claimants in the <span class="dictionary">order</span> that the claims were filed with the <span class="dictionary">Board</span>. However, claims by retail purchasers shall take precedence over other claims.</p></section></text><history>1994, c. 478; 1995, cc. 767, 816; 1998, c. 325; 2001, c. 194; 2003, c. 331; 2006, c. 172; 2007, c. 826; 2011, c. 407; 2012, c. 119; 2015, cc. 615, 710.</history><metadata></metadata></law>
