§ 10246. — 10246. (Amended by Stats. 1973, Ch. 641.)

California § 10246.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 4.: DIVISION 4. REAL ESTATE
• Part 1.: PART 1. LICENSING OF PERSONS
• Ch. 3.: CHAPTER 3. Real Estate Regulations
• Art. 7.: ARTICLE 7. Real Property Loans

Text

If any amount:
(a)
In excess of the charges referred to in Section 10241 and limited by Section 10242,
(b)
In excess of the charges permitted by Section 10242.5, or
(c)
Prohibited by Section 10248.1, is received, the borrower may recover, from the person who shall have taken or received the excess or prohibited amount, three times the amount of the excess or prohibited amount and the borrower shall be entitled to costs and a reasonable attorney’s fee; provided that any action for recovery must be brought within two (2) years from the date such excess or prohibited charge was received. However, if the excess or prohibited amount is the result of a bona fide error the borrower may only recover such excess or prohibited amount.

Legislative History

Amended by Stats. 1973, Ch. 641.