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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>86701</law_id><section_number>54.1-2108</section_number><catch_line>Protection of escrow funds, etc., held by broker</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>55.1-1226</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="54.1">Professions and Occupations</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department</unit><unit label="chapter" level="3" order_by="1" identifier="21">Real Estate Brokers, Sales Persons and Rental Location Agents</unit><unit label="article" level="4" order_by="1" identifier="1">Regulation of Real Estate Brokers, Salespersons and Rental Location Agents</unit></structure><text>
						<section><p>No licensee or any agent of the licensee shall divert or misuse any funds held in escrow or otherwise held by him for another. Where escrow funds or other funds are held by the licensee or his agents and the Real Estate Board or its agents have reason to believe that the licensee is not able to adequately protect the interests of persons involved, or his conduct threatens their interests, the Board shall file a <span class="dictionary">petition</span> with any <span class="dictionary">court</span> of record having <span class="dictionary">equity</span> <span class="dictionary">jurisdiction</span> over the licensee or any of the funds held by him stating the <span class="dictionary">facts</span> upon which it relies. The <span class="dictionary">court</span> may temporarily enjoin further activity by the licensee and take such further action as shall be necessary to conserve, protect and disburse the funds involved, including the appointment of a receiver. If a receiver is appointed his expenses and a reasonable fee as determined by the <span class="dictionary">court</span> shall be paid by the licensee. If the <span class="dictionary">court</span> finds him unable to make such payment, the Board shall determine whether the expenses and fees shall be paid from the Virginia Real Estate Transaction Recovery Fund or from funds received by the Board. Such determination shall be made within thirty days of the Board&#x2019;s receipt of the <span class="dictionary">court</span>-approved receiver invoices. If the <span class="dictionary">court</span> finds that the licensee was without fault and that he is found not to have violated any provisions of this chapter or of the regulations of the Board, then the receiver&#x2019;s expenses and fees shall be paid by the Board. Such payments shall be paid from funds received by the Board.</p></section></text><history>1973, c. 487, &#xA7; 54-764.5; 1988, c. 765; 1997, c. 82; 1998, c. 29.</history><metadata></metadata></law>
