(1) a spouse or other immediate relative of the home
builder, or of a party which holds a financial stake in the
business of the home builder;
(2) an employee, officer, director, partner or other
party which holds a financial interest in the business of the
home builder; or
(3) an immediate relative of an employee, officer,
director, partner or other party which holds a financial
interest in the business of the home builder.
(e) Limitation period.--A claim must be made against the
fund within two years after the consumer obtains an entry of
final judgment or decree against the home builder and all appeal
rights have expired or been exhausted or, in the case of an
assurance of voluntary compliance, within the later of two years
of entry into the assurance or one year after nonpayment
according to the terms of the assurance.
(f) Offer of proof.--In order to recover from the fund a
consumer must offer proof to the bureau that the consumer has
exhausted all reasonable actions available at law and in equity
to collect the unpaid amount of a final judgment.
(g) Partial payments for fund integrity.--In order to
preserve the integrity of the fund, the bureau may order payment
out of the fund of an amount less than the judgment amount or
the amount agreed to be paid in an assurance of voluntary
compliance. The balance remaining due to the consumer shall be
paid from the fund under subsection (h).
(h) Special order of payment.--If the money in the fund is
insufficient to satisfy any duly authorized claim or portion
thereof, the bureau shall, when sufficient money exists in the
fund, satisfy the unpaid claims or portions thereof, in the
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