In the case of a broker's fraudulent act that closes on March 30, when must the client file suit to recover damages to be eligible for the recovery fund?

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The requirement for a client to file a suit to recover damages in relation to a broker's fraudulent act is rooted in South Dakota real estate law, specifically pertaining to the recovery fund. In this context, when a transaction closes, the clock begins ticking for the client to take action.

Filing within 30 days after the transaction closes ensures that the claim is addressed in a timely manner, which is vital not just for the integrity of the legal process but also for the preservation of evidence and witness testimony relevant to the fraudulent act. This timeframe allows for those affected to gather necessary documentation and take the appropriate steps toward legal resolution without undue delays, thereby reinforcing the principle of prompt redress within the legal system.

Other options presented do not align with this statute. For instance, extending the filing period to the end of the year or requiring action by March 30 of the following year would create ambiguities and delays that are counterproductive to swift justice and resolution. Additionally, waiting until 30 days after a judgment would imply that action could be taken after the resolution of the court's decision, which would be beyond the designated time frame established for most claims related to fraud in real estate transactions.

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