Sec. 1102.359. PAYMENT LIMITS; ATTORNEY'S FEES. (a) Payments from the fund for claims, including attorney's fees, interest, and court costs, arising out of a single transaction may not exceed a total of $12,500, regardless of the number of claimants.
(b) Payments from the fund for claims based on judgments against a single inspector may not exceed a total of $30,000 until the inspector has reimbursed the fund for all amounts paid.
(c) If the court finds that the total amount of claims against an inspector exceeds the limitations contained in this section, the court shall proportionally reduce the amount payable on each claim.
(d) A person receiving payment from the fund is entitled to reasonable attorney's fees in the amount determined by the court, subject to the limitation prescribed by this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.166(c), eff. Sept. 1, 2003.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle A - Professions Related to Real Estate
Chapter 1102 - Real Estate Inspectors
Subchapter H. Real Estate Inspection Recovery Fund
Section 1102.351. Real Estate Inspection Recovery Fund
Section 1102.352. Payments Into Fund
Section 1102.353. Management of Fund
Section 1102.354. Deadline for Action; Notice to Commission
Section 1102.355. Claim for Payment From Fund
Section 1102.356. Issues at Hearing
Section 1102.357. Commission Response
Section 1102.358. Court Order for Payment
Section 1102.359. Payment Limits; Attorney's Fees
Section 1102.360. Application of Judgment Recovery
Section 1102.362. Effect on Disciplinary Proceedings
Section 1102.363. Waiver of Rights
Section 1102.364. Notice to Consumers and Service Recipients