What can a claimant recover from the Real Estate Recovery Fund for compensatory damages?

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A claimant can recover only the compensatory damages from the Real Estate Recovery Fund because this fund is specifically designed to provide financial relief to consumers who have suffered actual losses due to the misconduct of a licensed real estate professional. Compensatory damages refer to the amount awarded to cover the loss suffered, which can include out-of-pocket expenses and financial losses directly related to the actions of the real estate agent.

Punitive damages, which are intended to punish the wrongdoer and deter similar behavior in the future, are not recoverable from the Real Estate Recovery Fund. The fund's focus is on compensating victims for their actual losses rather than providing punitive measures. This principle aligns with the purpose of the Recovery Fund, ensuring that it aids in restoring the financial position of the claimant rather than serving as a punitive tool against real estate professionals.

Therefore, the correct understanding of what can be recovered emphasizes the fund’s aim to compensate for direct harm rather than broader judgments or punitive awards.

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