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Tex. Occ. Code § 1101.608

COMMISSION RESPONSE

Known as the The Real Estate License Act

The act spans §§ 1101.001 to 1101.806 (164 sections).

Applied in 2 court decisions — leading case Texas Real Estate Commission v. Bayless (2012)

Most recently applied in Texas Real Estate Commission v. Bayless (April 2012)

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff

(a) On receipt of notice under Section 1101.606, the commission may agree to pay all or part of the claim without a hearing. If the commission and the aggrieved person do not reach a settlement or the commission does not agree that the claim meets one or more of the requirements of this subchapter, the commission may notify the attorney general of the commission's desire to schedule a hearing, enter an appearance, file a response, appear at the hearing, defend the action, or take any other action the commission considers appropriate.

(b) The commission and the attorney general may act under Subsection (a) only to:

(1) protect the trust account from spurious or unjust claims; or

(2) ensure compliance with the requirements for recovery under this subchapter.

(c) The commission may relitigate in the hearing any material and relevant issue that was determined in the action that resulted in the judgment, including an agreed judgment, in favor of the aggrieved person.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.