Ch. 3

LAWS OF MARYLAND

(I)  MAY NOT BE A PARTY; AND

(II)  MAY PARTICIPATE ONLY AS A WITNESS.

(2) FOR THAT PART OF A HEARING ON CONSOLIDATED
PROCEEDINGS THAT RELATES TO THE CLAIM AGAINST THE GUARANTY FUND,
THE CLAIMANT IS A PARTY.

REVISOR'S NOTE: This section formerly appeared as Art. 56A,
§ 4-409.

There are no changes.

Defined terms: "Commission" § 16-101
"Guaranty Fund" § 16-101 "License" § 16-101
"Licensed associate real estate broker" § 16-101
"Licensed real estate broker" § 16-101
"Licensed real estate salesperson" § 16-101

16-410. PAYMENTS BY GUARANTY FUND.

(A)   IN GENERAL.

THE COMMISSION SHALL ORDER PAYMENT OF A CLAIM BY THE
GUARANTY FUND IF, ON THE HEARING, THE CLAIMANT:

(1)  PROVES THAT THE CLAIMANT HAS A VALID CLAIM UNDER
THIS SUBTITLE; AND

(2)  PRESENTS EVIDENCE, SATISFACTORY TO THE
COMMISSION, THAT THE CLAIMANT IS NOT:

(I)  THE SPOUSE OF THE LICENSEE OR THE
UNLICENSED EMPLOYEE ALLEGED TO BE RESPONSIBLE FOR THE ACT OR
OMISSION GIVING RISE TO THE CLAIM; OR

(II)  THE PERSONAL REPRESENTATIVE OF THE SPOUSE
OF THE LICENSEE OR THE UNLICENSED EMPLOYEE ALLEGED TO BE
RESPONSIBLE FOR THE ACT OR OMISSION GIVING RISE TO THE CLAIM.

(B)  LIMITATIONS ON PAYMENTS.

(1)  THE COMMISSION MAY ORDER PAYMENT BY THE GUARANTY
FUND ONLY FOR THE ACTUAL MONETARY LOSS SUFFERED BY THE CLAIMANT
AS A RESULT OF THE CLAIM PROVEN BY THE CLAIMANT.

(2)  FOR ANY CLAIM, THE COMMISSION MAY NOT ORDER A
PAYMENT BY THE GUARANTY FUND OF MORE THAN $25,000.

(C)  DISBURSEMENTS BY GUARANTY FUND.

A PAYMENT MAY NOT BE MADE BY THE GUARANTY FUND UNDER AN
ORDER OF THE COMMISSION UNTIL:

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