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Cal. Bus. & Prof. Code § 10246

Real Property Loans

Known as the Real Estate Law

The act spans §§ 10000–10580 (368 sections).

Applied in 1 court decision — leading case 226 Cal. App. 3d 686 - Balmoral Hotel Tenants Assn. v. Lee (1990)

Most recently applied in 226 Cal. App. 3d 686 - Balmoral Hotel Tenants Assn. v. Lee (December 1990)

Amended by Stats. 1973, Ch. 641.

If any amount:

(a) In excess of the charges referred to in Section 10241 and limited by Section 10242,

(b) In excess of the charges permitted by Section 10242.5, or

(c) Prohibited by Section 10248.1, is received, the borrower may recover, from the person who shall have taken or received the excess or prohibited amount, three times the amount of the excess or prohibited amount and the borrower shall be entitled to costs and a reasonable attorney’s fee; provided that any action for recovery must be brought within two (2) years from the date such excess or prohibited charge was received. However, if the excess or prohibited amount is the result of a bona fide error the borrower may only recover such excess or prohibited amount.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.