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Tex. Occ. Code § 1101.610

PAYMENT LIMITS; ATTORNEY'S FEES

Known as the The Real Estate License Act

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

Applied in 1 court decision — leading case Heller v. Texas Real Estate Commission (2009)

Most recently applied in Heller v. Texas Real Estate Commission (December 2009)

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

(a) Payments from the trust account for claims, including attorney's fees, interest, and court costs, arising out of a single transaction may not exceed a total of $125,000, regardless of the number of claimants.

(b) Payments from the trust account for claims based on judgments against a single license or certificate holder may not exceed a total of $250,000 until the license or certificate holder has reimbursed the trust account for all amounts paid.

(c) If the court finds that the total amount of claims against a license or certificate holder exceeds the limitations in this section, the court shall proportionately reduce the amount payable on each claim.

(d) A person receiving payment from the trust account is entitled to receive reasonable attorney's fees in the amount determined by the court, subject to the limitations prescribed by this section.

(e) For purposes of this section, a business entity and the broker who is the business entity's designated broker are considered a single license holder.

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