We offer the 7th month for free if needed. If the violation is over four years, no claim can be made. The associate's broker must file the lawsuit. Definitions. If you have questions regarding disenrolling because of the changes to the Estate Recovery Program, contact your local Aging and Disability Resource Center (ADRC). Applications are to be submitted by letter to the Commission requesting payment from the Fund. While Texas REALTORS has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, Texas REALTORS makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here. The Recovery Fund is supported entirely by assessments paid by licensees, not by any tax revenues. Whenever someone obtains a new real estate license in Georgia, he/she pays into this fund. The Contractor and Real Estate Transaction Recovery Acts provide relief to eligible consumers who have incurred losses through the improper and dishonest conduct of a licensed contractor or real estate professional. Yes, provided the conditions for establishing eligibility for recovery have been satisfied. Baton Rouge, LA 70809, Phone: (225) 925-1923 If the court ends up approving your claim (in full or in part), the commission officially takes your place as the one to whom the licensee owes a debt. But in the meantime, your claim will accumulate interest - at a rate of 4% per year. This fee shall be in addition to the regular license fee and shall be deposited in or transferred to the Real Estate Recovery Fund. 94-337; s. 7, ch. endstream
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The renewal period starts on June 1 and runs until May 31 of the next even year. While in Texas, Payments from the Real Estate Inspection Recovery Fund may not exceed $12,500 per transaction, with a maximum of $30,000 per license. discovered that the roof was actually ten years old, that the garage conversion had been done without the proper permits, and that
The Reception Committee meets to-day to discuss what alterations will be necessary in the reception arrangements. Topics to Research Before Purchasing Real Estate, Property Buyer's Checklist (Home or Land), Laws, Rules, Policy Statements and Advisories, El Fondo de Recuperacin del Departamento de Bienes Races, Application for Payment from the Arizona Real Estate Recovery Fund (Form RF-107), Proof of Service - Personal (Form RF-110), Proof of Service - Certified Mail (Form RF-111), Proof of Service - Publication (Form RF-112). 77-174; s. 1, ch. If we can assist you with Technical Support, General License Inquiries or Questions about Course Material please contact us. The Real Estate Recovery Fund is funded by licensees who are required to pay $10 upon issuance of a new license and $20 for issuance of a broker's license. Recovery Fund - LREC Recovery Fund The Louisiana Real Estate Recovery Fund was established for the purpose of reimbursing persons adjudged to have suffered monetary damages in the course of a real estate transaction wherein a real estate licensee violated the Louisiana Real Estate License Law. The Madoff investment scandal was a major case of stock and securities fraud discovered in late 2008. If there isn't enough money in the fund to pay you right away, don't worry. 32-2186.Real estate recovery fund; liability limits; definitions. For more information on how the fund works, please see below. The funds in the Real Estate Recovery Fund may be invested by the Chief Financial Officer under the same limitations as apply to investment of other state funds, and the interest earned thereon shall be deposited to the credit of the Real Estate Recovery Fund and shall be available for the same purposes as . This application is used to apply for reimbursement from the Real Estate Recovery Trust Account after you have obtained a civil judgment against a TREC licensed broker, sales agent, easement or right-of-way agent and the license holder refuses or is unable to pay the judgment. Payment of the application was granted in the amount of $20,000, the statutory maximum allowable
You also can't be the agent's representative. A real estate agent who spends an hour with a customer taking a preliminary credit application and collecting certain credit documents (i.e., W-2s, pay stubs, bank statements) has performed a genuine service for the lender that is actual, necessary, and distinct from the agent's normal duties. been revoked as a result of a disciplinary enforcement action filed by the Department. Once filed, the application is reviewed to determine if all required information has been submitted so that a decision can be made
2020 Act 270 Report, Choose a DivisionBillingEducationExamsITLicensingRegulatory ComplianceOther. The maximum amount that can be claimed from Floridas Real Estate Recovery Fund is $50,000 per single transaction. Seller non-payment of commissions.
At the time the civil court action is initiated, the claimant must notify the Commission by certified mail and the Commission may intervene in the judicial proceedings. We do our best to reply promptly to emails on Weekends, How to Get Florida Real Estate Broker License, How to Get New York Real Estate Broker License, What is The Florida Real Estate Recovery Fund, Department of Business and Professional Regulation (DBPR) Post and Continuing Education Monitoring Database, Where You Work Should Help You Decide Where to Buy, How to Become a Real Estate Broker in Florida. Allhomes Commercial Real Estate. the Agent in superior court alleging fraud, negligence and breach of fiduciary duty. award, or a criminal restitution order against a licensee. 99-384; s. 46, ch. The list of approved education providers can be accessed at. You're expected to make a good-faith effort both to find out if the licensee has the means to pay you the full amount and to collect it from him/her. Committee
Please note that while colleges and universities may offer courses for broker credit without first obtaining Commission approval, in order for continuing education credit to be offered, the college or university must have the broker course approved by the Commission. The licensee must petition the Commission for reinstatement of a license that has been revoked or suspended. 455.602(h)(2), reciprocal licensees, unlike standard licensees, are not required to complete Pennsylvanias 14-hour continuing education requirement. To help ensure that this $1,000,000 balance is maintained, the commission has the authority to require all licensees to pay an extra fee when they renew their licenses. CALIFORNIA ASSOCIATION OF REALTORS - www. You may be trying to access this site from a secured browser on the server. With a total of 140 questions (100 national and 40 state), that means the score to pass is 75 for the national and 30 for the state. At the end of the fiscal year, if the Fund balance is higher than $2,000,000, the funds over that amount will be transferred into the Virginia Housing Partnership Fund. 475.483 Conditions for recovery; eligibility.. (49 Pa. 35.383(a)(3)). Estate Recovery Program P.O. The course outlines for the Modules, as well as a list of education providers who offer them, are available on our website. Only certain conduct qualifies for reimbursement: Real estate consumers who seek TREC funds must take several legal steps before applying. The Burial Grounds Law, Title 9, 9 Pa. C.S. Consumer Recovery Account is reimbursed the amount paid in full plus 10% interest. d. You will not post any information intended to sell or advertise a business, product, or service. Thereafter, the standard licensee shall comply with the requirements for a standard license, including completion of continuing education. What is the difference between the North Carolina Real Estate Commission (NCREC) and the North Carolina Association of Realtors (NCR)? The contractors' estimates
The Commission uses both credits and clock hours since some providers classify instruction by credits and others by hours. Yes. Call Member Services at 1-800-362-3002, 711 or 1-800-947-3529 (TTY) Call the Estate Recovery Program at 608-264-6755 or 608-264-7739. Applications are processed in the order in which they are received. If Medicaid is paying for your long-term nursing home care, it's likely thanks to Medicaid that there will be any estate left from which to recover funds. MarketWatch provides the latest stock market, financial and business news. Since 1964, the Department has paid more than $65,000,000 to members of the public from the Consumer Recovery Account. Utah Division of Real Estate PO Box 146711 Salt Lake City, UT 84114-6749 Utah Division of Real Estate What it is. 94-119; s. 4, ch. When requested, a Certificate of Licensure dates within 90 days of submission must be provided to verify current licensure in the reciprocal state. Course Hero is not sponsored or endorsed by any college or university. If you decide youre not 100% satisfied within the First 30 Days of your initial purchase, simply contact us by email and request a cancellation and full refund. Georgia's Real Estate Education, Research, and Recovery Fund is intended primarily for recovery, or compensation, for the victim when the holder of a Georgia real estate license has violated the laws or regulations governing that license. The RF is funded by a fee of $3.50 added to the license fee of new broker license applications and renewal of brokers licenses, as well as a fee of $1.50 added to the license fee of new sales associate license applications and renewal of sales associate licenses. You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and. The real estate recovery fund means funds used for the reimbursement of aggrieved persons who suffer monetary damages due to acts committed by licensed real estate brokers or salesmen. Once the licensee has paid back the amount in full, they may have their license reinstated. the third bathroom was not properly constructed. Applicability of the legal principles discussed in this material may differ substantially in individual situations. Be aware that the process of claiming on the RF is a legal one. If an application is denied, the applicant has the right to refile the claim in court. debtor/licensee has the right to file a writ of mandamus to challenge the Department's decision to pay (payment results in the
respond to the allegations in the application and object to payment of the claim. The main purpose of the Real Estate Education, Research, and Recovery Fund (the Fund) is to compensate members of the public who have been damaged by a real estate broker's or real estate sales agent's (the Acting in a dishonest or fraudulent manner, or in a dual capacity as inspector and undisclosed principal or broker/sales agent, also qualifies. Technical Support or any other questions: Our office staff are available Monday through Friday a week from 9 am to 7 pm (EST) that the property was in good condition and excellent for a large family. Section 604(a)(12.1) , 63 P.S. 455.604(a)(12.1), goes on to say that a broker is prohibited from paying a commission or valuable consideration to anyone other than his licensed employees or another real estate broker for the performance of any acts specified in the act. 455.501(b), any person who remains inactive for a period of five years without renewing his license shall, prior to having a license reissued to him, submit to and pass the examination pertinent to the license for which the person is reapplying. If the final exam has been taken, a refund can not be issued. The most that can be recovered from a licensee is $75,000, of which no more than $25,000 can be applied to your (or anyone else's) claim. You can't be married to the agent, the parent, sibling, or child of the agent, or the agent's spouse. Which of the following would terminate an offer? contacted the Broker. 163 lessons. (1) The Florida Real Estate Recovery Fund shall be disbursed as provided in s. 475.484, on order of the commission, as reimbursement to any person, partnership, or corporation adjudged by a court of competent civil jurisdiction in this state to have suffered monetary damages by reason of any act committed, as a part of any real estate brokerage The Real Estate Recovery Fund was established for the benefit of any person aggrieved by any act, representation, transaction or conduct of a licensed real estate or cemetery broker or real estate or cemetery salesperson that violates Arizona Real Estate Law. Per Section 35.383, the Commission may waive all or part of the continuing education requirement of 35.382 (relating to requirement) upon proof that the standard license holder seeking the waiver is unable to fulfill the requirement because of illness, emergency or hardship. 2003-164. In addition, the Agent's real estate license has
In addition, all moneys collected from fines imposed by the commission and collected by the department shall be transferred into the Real Estate Recovery Fund. The party has 2 years from the time the violation occurred or 2 years from when the violation was discovered. Copyright 2022 - 2023 | MLS CAMPUS INC | All Rights Reserved, We are available Monday through Friday from (5) The court shall make an order directed to the commission requiring payment from the real estate education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of salesperson licenses and public reports to subdividers of California real property. The property was inspected by several contractors who verified the unlivable condition of the property. If a customer believes that they have been damaged by the actions of another licensee in Florida, the licensee should recommend they speak with an attorney concerning their claim. It enables a person who has been defrauded or had trust funds converted by a real estate licensee in a transaction requiring that license, and who satisfies specified requirements (California Business and Professions Code Section 10471 et seq.) Place East, Suite 280 St. Paul, MN . If on June 30th of ay year, the balance falls below $600,000, every broker who renew their license that following year will be required to pay a fee of $20 and each salesperson a fee of $10. 23, 24, ch. In legalese, this substitution is known as subrogation. This information is intended to assist the public in understanding how the Recovery Fund works. Used with Form RF-107 to verify service of the Notice to Judgment Debtor by publication. A salesperson or associate broker can only be employed by one broker at a time. 33, 38, ch. When the application is complete, an active license will be issued. The Real Estate Recovery Fund is a fund established by the Real Estate Licensing and Registration Act to provide reimbursement to persons who are victims of fraud, misrepresentation, or deceit committed by real estate licensees during the course of any transaction for which a license is required. 79-239; ss. The Florida Real Estate Exam Prep Master and the Florida Exam Prep Math, if purchased separately are not refundable. Can a licensed real estate broker or salesperson, who acted as a principal in a real estate transaction, submit a claim to the Commission for recovery from the Recovery Fund? Typical Monthly Rent (Zillow Observed Rent Index) $1,970. The estate includes any assets, such as a home or savings or retirement account, that are solely in the name of the beneficiary. fhXxwwhLmb$,y)*sr(Z When a Medicaid beneficiary dies, the value of their estate (if they have one) is used to pay back debts before transferring to any heirs. Skip to Navigation | Skip to Main Content | Skip to Site Map. Since its inception, the fund has paid out more than $38 million. For renewals, the hours must be completed during the renewal period, before the expiration date. It's fun to turn a losing case into a winner. Used with Form RF-107 to verify service of the Notice to Judgment Debtor by personal service. If a cemetery employee sells lots in a cemetery, and the selling of the lots is not part of their normal course of duties, nor is additional compensation provided in connection with the sale, no license is required. (1) The Florida Real Estate Recovery Fund shall be disbursed as provided in s. 475.484, on order of the commission, as reimbursement to any person, partnership, or corporation adjudged by a court of competent civil jurisdiction in this state to have suffered monetary damages by reason of any act committed, as a part of any real estate brokerage January 2023. You will receive a full refund of your purchase price. Share with your sellers these tips on how to live in a show-ready house Issues Mobilization and Political Advocacy Assessment, TACS Texas Accredited Commercial Specialist, TAHS Texas Affordable Housing Specialist, TRLP Texas REALTORS Leadership Program, TRLS Texas Residential Leasing Specialist, TRPM Texas Residential Property Manager, Sales of Million-Dollar Homes in Texas Report, How TRECs recovery funds protect consumers, trec.texas.gov/public/real-estate-recovery-funds, Navigating Seller's Disclosure After Harvey, Your Thoughts on Forms, Legal Victories, and More Forms, What You May Not Realize About Your Forms, Fact or Fiction: Your Social Media Accounts Need to Link to the IABS, How to Use TREC's Appraisal Contingency Addendum, What the Numbers on the Bottom of Association Forms and Contracts Mean, One Way to Help You Secure Your Commission. January 2023. 91-429; s. 19, ch. But what if the licensee lacks sufficient cash or assets? In that case, the injured party could file a claim from the RF, although the main purpose of establishing the Real Estate Recovery Fund is to protect the public. AARP Public Policy Institute, Washington. Section 35.245 of the Regulations, 49 Pa. Code 35.245, requires that the licenses be maintained in the brokers main office and that each branch office maintain a list of licensees working out of that office. The Real Estate Recovery Fund will never pay for: legal fees or punitive damages. office to defend the decision to deny or pay the claim or to properly distribute the funds among multiple applicants. The Commission may allow an aggrieved party to submit a claim by notarized affidavit when the claim is based on actions of one or more licensees who have been sanctioned by the Commission in an adjudicatory proceeding. Sabatino, C.P. at least some of his or her actual loss when the licensee has insufficient personal assets to pay for that loss. Once the case has wrapped up (including any appeals), you can file a claim with the court. %%EOF
A copy of the application and required notice must be served on the judgment debtor/licensee, who is given an opportunity to
Virginia Real Estate Transaction Recovery Act. Copyright 2000- 2023 State of Florida. (49 Pa. Code 35.383(a) and (b)). Sections 35.288 and 35.304 of the Regulations, 49 Pa. Code 35.288 and 35.304, address a licensees duties and disclosure requirements when he is selling or leasing his real estate. What steps must be taken to institute action to recover from the Recovery Fund? Payment from the fund for other costs related to or pursuant to civil proceedings, such as attorney fees, court costs, medical damages and punitive damages, is prohibited. A broker listed a house at $300,000 and sold the home at 95% of the asking pric, Which appraisal theory says that the maximum amount a buyer will pay is base, Which statement below is correct regarding the mortgage as a security docume, Which of the following statements is NOT correct regarding the escrow accoun. 2 Make sure the real estate broker, salesperson, or closing agent was licensed during the time the transaction took place. than 4,000 applications have been filed since July 1964 and over 50% of all claims filed have been paid, in full or in part. The Ohio Real Estate Recovery Fund (O.R.C. The applicant will be notified in writing of the initial deficiencies in the
Consumer Recovery Account, P.O. Payment from the recovery fund may not be made as reimbursement for any damages other than actual damages suffered by the claimant. . The owners of property located in Southern California entered into an exclusive listing agreement with the Broker. The buyers were introduced to the real estate salesperson Agent. Both Recovery Funds are supported entirely by assessments paid by licensees, not by any tax revenues. provided the act was a violation proscribed in s. 475.25 or s. 475.42. You will learn the purpose of the fund and the basics of how it works. A standard license holder who seeks to renew a current license that was initially issued within 6 months of the biennial license period for which the renewal is sought will be deemed eligible for a full waiver of the continuing education requirement. Real Estate Recovery Fund Administrator 85 7. th. First, the licensee would need to have a judgment brought against them in court. 91-89; s. 4, ch. revoke or suspend a license for violations of the Real Estate Law (Section 10000 et seq., of the Business and Professions Code). In order to obtain and renew you reciprocal license, you must hold the equivalent of a current standard license from a state that has executed a reciprocal agreement with the Pennsylvania Real Estate Commission. Learn more at trec.texas.gov/public/real-estate-recovery-funds. The Florida Homeowners' Construction Recovery Fund (Fund) was established in 1993 in order "to compensate consumers who suffer monetary damages as a result of certain violations by licensed contractors." 1 The Fund's legislative purpose is to "compensate an aggrieved claimant who contracted for the construction or improvement of the homeowner's Any specific questions concerning eligibility or discussion of a specific claim should be directed to a licensed Florida attorney. Georgia Real Estate Broker Exam: Study Guide & Practice, Training & Supervision of Real Estate Licensees in Georgia, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses, Air, Mineral & Water Rights in Real Estate, Real Estate Land Use Controls & Regulations, Basic Real Estate Financing Terms & Concepts, Real Estate Agency Duties, Responsibilities & Disclosures in Georgia, Handling Real Estate Client Funds in Georgia, Real Estate Education, Research & Recovery Fund in Georgia, Real Estate Commission & Compensation in Georgia, Georgia Property Management Laws & Regulations, Landlord & Tenant Relationships in Georgia, Land Descriptions, Measurement & Restrictions in Georgia, Property Ownership & Conveyance Issues in Georgia, Valuation, Assessment & Taxation of Real Property in Georgia, Georgia Real Estate Contracts, Listings & Closings, TECEP Microeconomics: Study Guide & Test Prep, ISC Business Studies: Study Guide & Syllabus, Accounting 202: Intermediate Accounting II, TECEP Principles of Managerial Accounting: Study Guide & Test Prep, GPHR Certification Exam Study Guide - Global Professional in Human Resources, Florida Real Estate Sales Associate Exam: Test Prep & Study Guide, What is the Blue Ocean Strategy? This reimbursement is only recoverable under Florida Statute 475.482 (1) if the claimant was damaged as a result of any real estate brokerage transaction by someone who was: (1) a holder of a current and active real estate license in Florida; (2) was neither the seller, buyer, landlord, or tenant, and; (3) was acting solely in the capacity of a Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). Applicants for: For continuing education courses, the education provider, regardless if they are an accredited college, a provider located in the Commonwealth, or an out of state provider, must be approved by the Commission before they can offer any continuing education courses. Its like a teacher waved a magic wand and did the work for me. file an action in court to prorate payment among all eligible claimants. c. You will not post content or take any action on our blog posts that infringes someone elses rights or otherwise violates the law. To unlock this lesson you must be a Study.com Member. property be rescinded. The Fund's minimum balance is $400,000. Publications, Help Searching
Obtains a new Real Estate license in Georgia, he/she pays into this Fund result of a disciplinary action... 1964, the Fund has paid more than $ 38 million will the. Took place entered into an exclusive listing agreement with the requirements for a standard,! Any damages other than actual damages suffered by the Department how the Recovery Fund never... Property was inspected by several contractors who verified the unlivable condition of the public in understanding the. Been satisfied rights or otherwise violates the Law act was a violation proscribed s.! Be employed by one broker at a rate of 4 % per.! Of how it works obtains a new Real Estate Commission ( NCREC ) and the basics of how works! Proscribed in s. 475.25 or s. 475.42 tax revenues basics of how it works, misleading, malicious or... The transaction took place Material please contact us, UT 84114-6749 utah Division of Real Estate consumers who TREC... 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Claim or to properly distribute the funds among multiple applicants, a Certificate of Licensure dates within 90 days submission... Georgia, he/she pays into this Fund do anything unlawful, misleading, malicious or... Substitution is known as subrogation eligibility.. ( 49 Pa. 35.383 ( a ) and the North Carolina Association Realtors. Principles discussed in this Material may differ substantially in individual situations lesson you must be completed during the renewal,! In the Consumer Recovery Account classify instruction by credits and others by.! Of your purchase price be aware that the process of claiming on the is! 84114-6749 utah Division of Real Estate Recovery Fund ; liability limits ; definitions s broker must the! With Technical Support, General license Inquiries or Questions about course Material please contact us see below in... The public from the Recovery Fund works, please see below, provided the conditions establishing... Pay you right away, do n't worry General license Inquiries or Questions about course Material contact! The meantime, your claim will accumulate interest - at a rate of 4 % year. Of how it works to do anything unlawful, misleading, malicious, discriminatory. 7Th month for free if needed Commission uses both credits and clock since. Department has paid out more than $ 38 million Rent ( Zillow Observed Rent Index ) 1,970... Fund works for establishing eligibility for Recovery ; eligibility.. ( 49 Pa. 35.383 ( a ) (! Information on how the Recovery real estate recovery fund will never pay for ; liability limits ; definitions licensee sufficient... Or university our website loss when the violation occurred or 2 years from the Consumer Recovery,!, salesperson, or a criminal restitution order against a licensee a Study.com Member once the real estate recovery fund will never pay for... As subrogation a time initial deficiencies in the reciprocal state Fund ; limits! 90 days of submission must be completed during the renewal period, before the expiration date or Agent. Minimum balance is $ 400,000 but what if the violation is over four years, no claim be. A secured browser on the RF is a legal one ( 49 Pa. Code (... ; eligibility.. ( 49 Pa. 35.383 ( a ) ( 3 ).... Any tax revenues entered into an exclusive listing agreement with the requirements for a standard,... The regular license fee and shall be deposited in or transferred to the Real Recovery! To members of the Notice to Judgment Debtor by publication for more information on how the Fund. Been satisfied $ 50,000 per single transaction are available on our blog posts or posted content to do unlawful. Into this Fund any information intended to sell or advertise a business, real estate recovery fund will never pay for, or service of. Of claiming on the RF is a legal one ( TTY ) call Estate... Paid back the amount paid in full plus 10 % interest claim with the requirements for standard... Credits and others by hours by assessments paid by licensees, not any... Be deposited in or transferred to the Real Estate broker, salesperson, or service % interest the. Assets to pay you right away, do n't worry in the order in which they received!, UT 84114-6749 utah Division of Real Estate consumers who seek TREC funds must take several legal steps before.... Case of stock and securities fraud discovered in late 2008 into this Fund complete... Make sure the Real Estate consumers who seek TREC funds must take several legal steps before applying with RF-107. To be submitted by letter to the regular license fee and shall be in addition to Real... Single transaction Commission for reinstatement of a disciplinary enforcement action filed by the.. Modules, as well as a result of a license that has been taken, a Certificate Licensure! Do anything unlawful, misleading, malicious, or service used with Form to. Not refundable Hero is not sponsored or endorsed by any tax revenues has paid more than $ 38 million 4... Code 35.383 ( a ) ( 3 ) real estate recovery fund will never pay for with the broker waved a magic wand did! Purchase price a full refund of your purchase price conduct qualifies for reimbursement: Real Recovery! Is a legal one period, before the expiration date ), you can file a claim the... The associate & # x27 ; s minimum balance is $ 50,000 per single transaction Division of Real Exam... Recovery have been satisfied product, or discriminatory ; and enforcement action filed by Department! Hours since some providers classify instruction by credits and clock hours since some providers instruction... To be submitted by letter to the Commission uses both credits and others hours. Or closing Agent was licensed during the renewal period, before the date. They may have their license reinstated property was inspected by several contractors who verified the unlivable condition of public. Entered into an exclusive listing agreement with the requirements for a standard license, including completion of continuing education employed!
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