Sec. 1101.610. PAYMENT LIMITS; ATTORNEY'S FEES. (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 $50,000, 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 $100,000 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.
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. 66, 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