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Session Laws, 1984
Volume 759, Page 3027   View pdf image
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HARRY HUGHES, Governor

3027

(ii) He has complied with all the requirements
of this section.

(4)  The Commission shall direct payment from   the real
estate guaranty fund of whatever sum it shall find to be payable
upon the claim if the Commission is satisfied, upon the hearing,
of the truth of all matters.

(5)   [If the Commission pays from the fund any amount
in settlement of a claim against a licensed real estate broker or
real estate salesman pursuant to an order under this section, the
license of the broker or salesman shall be automatically revoked
and no such broker or salesman shall be eligible to receive a new
license until he has repaid in full, plus interest at the rate of
10 percent a year, the amount paid from the guaranty fund on his
account. Furthermore, until the fund is repaid the broker or
salesman shall be barred from any association, in any capacity
whatsoever including as a stockholder, investor, or through
ownership of any other interest, with any real estate broker or
firm doing business in this State. A discharge in bankruptcy
shall not relieve a person from the penalties and disabilities
provided in this subsection.

(6)] If, at any time, the money deposited in the
guaranty fund is insufficient to satisfy any duly authorized
claim or portion thereof, the Commission, when sufficient money
has been deposited in the guaranty fund, shall satisfy such
unpaid claims or portions thereof, in the order that such claims
or portions thereof were originally filed, plus accumulated
interest at the rate of 10 percent a year.

(e)   [Any person filing with the Commission any notice,
statement or other document required under the provisions of
subsection (d) of this section which he knows to be false or
untrue or to contain any material misstatement of fact shall be
fined not less than two hundred dollars.] THIS SECTION DOES NOT
LIMIT THE AUTHORITY OF THE COMMISSION TO TAKE DISCIPLINARY ACTION
AGAINST ANY LICENSEE FOR ANY VIOLATION OF THIS SUBTITLE, NOR DOES
THE REPAYMENT IN FULL BY A LICENSEE OF THE AMOUNT PAID FROM THE
FUND ON THE LICENSEE'S BEHALF NULLIFY OR MODIFY THE EFFECT OF ANY
DISCIPLINARY PROCEEDING AGAINST THE LICENSEE.

(f)  [(1) When said Commission has caused to be paid from
said guaranty fund any sum to the aggrieved person, the
Commission shall be subrogated to all of the rights of the
aggrieved person up to the amount paid, and the aggrieved person
shall assign all of his right, title and interest in the claim up
to such amount paid to said Commission, and any amount and
interest recovered by said Commission on the claim shall be
deposited to said guaranty fund.

(2) The Commission, the Attorney General, and other
State agencies or officials having authority to collect money
owed to the State shall act promptly and use their best efforts
to assure that money owed to the Fund is collected and repaid

 

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Session Laws, 1984
Volume 759, Page 3027   View pdf image
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