324.420 Collection by aggrieved party from recovery fund.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
An aggrieved party may commence an administrative action which may result in
collection from the recovery fund by first filing a complaint with the commission on
a form prepared by the commission. The complaint shall constitute a prima facie
case that a licensee is in violation of KRS 324.160 and is subject to the same
conditions set forth in KRS 324.150. If the complaint constitutes a prima facie case
and the matter is not settled, the commission shall hold a hearing pursuant to the
requirements set forth in the provisions of this chapter and KRS Chapter 13B to
determine if a violation of this chapter has in fact occurred. If a violation of fraud is
so found, the commission shall determine if the violation resulted in damages to
complainant and in what amount. If damages cannot be accurately determined, then
the amount of damages shall be determined by a Circuit Court in the county where
the violation took place. In the event the question of damages is referred to the
Circuit Court, the decision of the commission will not be final and appealable until
the question of damages is certifiable.
Upon final order by the commission or upon certification to the commission by the
Circuit Court on the issue of damages, and after the licensee has refused to pay the
claim within a period of twenty (20) days of entry of a final order, the aggrieved
party or parties shall be paid the amount or amounts by the commission from the
recovery fund.
The license of the licensee against whom the claim was made by the aggrieved party
shall be suspended or may be permanently revoked until such time as the licensee
has reimbursed the recovery fund in full for all amounts paid, plus interest at the
rate of ten percent (10%) per annum.
Any party aggrieved by a final order of the commission may appeal to the Circuit
Court where the licensee has his principal place of business or where the applicant
resides in accordance with KRS Chapter 13B.
Upon the final order of the court, and after the commission has paid from the real
estate education, research, and recovery fund any sum to the aggrieved party, the
commission shall be subrogated to all of the rights of the aggrieved party to the
extent of the payment. The aggrieved party shall to the extent of the payment assign
his right, title and interest in the judgment to the commission. After such
assignment, the commission may challenge in bankruptcy court any attempt by a
former licensee to discharge the debt, if proper notice is given. Any funds recovered
by the commission shall be deposited in the real estate education, research, and
recovery fund.
No aggrieved party shall be entitled to recover compensation from the real estate
education, research, and recovery fund unless the action against the licensee is
commenced within two (2) years from actual knowledge of the cause of action or
from the time when circumstances should reasonably have put the aggrieved party
on notice of the cause of action.
An aggrieved party shall not be entitled to recover compensation from the real
estate education, research, and recovery fund, unless the compensation is for the
actual financial harm suffered by the aggrieved party, and this financial harm is
specifically and directly related to the property.
(8) For purposes of this section, an "aggrieved party" shall mean either:
(a) A member of the consumer public who stands in a direct relationship to the
licensee, i.e., one who demonstrates an interest in purchasing, leasing, renting,
or otherwise securing an interest in real estate through a licensee and who
believes that the licensee is in violation of the provisions of this chapter; or
(b) A member of the consumer public who directly engages the services of a
licensee for purposes of selling, leasing, renting, or otherwise dealing in his or
her own property.
(9) If at any time the money on deposit in the real estate education, research and
recovery fund is insufficient to satisfy any duly-authorized claim or portion thereof,
the commission shall, when sufficient money has been deposited in the real estate
education, research, and recovery fund, satisfy such unpaid claim or portions
thereof, in the order that such claims or portions were originally filed, plus
accumulated interest at the rate of ten percent (10%) per annum.
(10) Any funds in excess of the four hundred thousand dollar (0,000) level which are
not being currently used, may be invested and reinvested as set forth in subsection
(2) of KRS 324.410.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 58, sec. 12, effective June 25, 2009. -- Amended
2000 Ky. Acts ch. 488, sec. 32, effective July 14, 2000. -- Amended 1996 Ky. Acts
ch. 318, sec. 292, effective July 15, 1996. -- Amended 1986 Ky. Acts ch. 345, sec. 5,
effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 196, sec. 33, effective July
15, 1982. -- Created 1972 Ky. Acts ch. 51, sec. 3.
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