Sec. 1101.605. DEADLINE FOR ACTION; NOTICE TO COMMISSION. (a) An action for a judgment that may result in an order for payment from the trust account may not be brought after the second anniversary of the date the cause of action accrues.
(b) When an aggrieved person brings an action for a judgment that may result in an agreed judgment and order for payment from the trust account, the aggrieved person and the license or certificate holder against whom the action is brought shall notify the commission in writing before entry of the agreed judgment and deliver a copy of all petitions and pleadings and the proposed agreed judgment to the commission. The commission will notify the parties not later than the 30th day after the date of receiving the documents if the commission intends to relitigate material and relevant issues as to the applicability of the trust account to the agreed judgment as provided by Section 1101.608.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 62, eff. January 1, 2016.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle A - Professions Related to Real Estate
Chapter 1101 - Real Estate Brokers and Sales Agents
Subchapter M. Real Estate Recovery Trust Account
Section 1101.601. Real Estate Recovery Trust Account
Section 1101.6011. Applicability to Business Entity
Section 1101.602. Entitlement to Reimbursement
Section 1101.603. Payments Into Trust Account
Section 1101.604. Management of Trust Account
Section 1101.605. Deadline for Action; Notice to Commission
Section 1101.606. Claim for Payment From Trust Account
Section 1101.607. Issues at Hearing
Section 1101.608. Commission Response
Section 1101.609. Court Order for Payment
Section 1101.610. Payment Limits; Attorney's Fees
Section 1101.611. Application of Judgment Recovery
Section 1101.613. Effect on Disciplinary Proceedings
Section 1101.614. Waiver of Rights
Section 1101.615. Notice to Consumers and Service Recipients