Which scenario would prevent the Education, Research, and Recovery fund from paying a claim?

The Education, Research, and Recovery Fund is designed to protect consumers who have incurred losses due to the actions of a real estate licensee. For a claim to be valid and payable from this fund, certain criteria must be met.

In this scenario, one critical requirement is that the claimant must have received a court judgment against the licensee for their wrongdoing. This means there has to be an official legal recognition of the debt owed, which ensures that the fund is only accessed through verified claims and not based on unproven assertions or informal agreements. Without a court judgment, there is no legal basis for the claim, making it impossible for the fund to provide compensation.

The other options do present valid situations that could affect claims but do not specifically address the fundamental requirement of having a court judgment. Non-licensees, claimants waiting more than five years, or spouses of licensees might factor into the context, but the absence of a court judgment is a definitive barrier to any claim being paid. Thus, the requirement of a court judgment stands as an essential condition for accessing the fund.