Edmonds

Defendant Real Estate Commissioner (Commissioner) appeals from an order directing him to pay plaintiffs, Dr. and Mrs. Rogers, $38,420.79 from the Real Estate Recovery Account. (Bus. & Prof. Code, § 10471.) We affirm the order.

The Recovery Account in the Real Estate Fund (Fund) created by section 10470 et seq. is “a special fund supported by license fees to compensate individuals who are defrauded by real estate licensees.” (Vinci v. Edmonds (1986) 185 Cal.App.3d 1251, 1254 [ 230 Cal.Rptr. 308 ].) Section 10471, subdivision (a), as it read at the date of the order appealed from provided that once “an aggrieved person obtains a final judgment in a court of competent jurisdiction against a defendant based upon the defendant’s fraud, misrepresentation, deceit, or conversion of trust funds arising directly out of any transaction in which the defendant, while licensed under this part, performed acts for which that license was required, the aggrieved person may, upon the judgment becoming final, file an application . . . for payment from the Recovery Account, . . .” (Former § 10471, added by Stats. 1985, ch. 690, § 3, p. 2293-2294.)

Dr. and Mrs. Rogers made real estate…