Texas Occupations Code 1201.358 – Failure to Show Good Cause; Hearing Results
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(a) Failure by the manufacturer, retailer, or installer to show good cause under § 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer’s, retailer’s, or installer’s license.
(b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties.
Terms Used In Texas Occupations Code 1201.358
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(c) The director may issue an order:
(1) directing a manufacturer, retailer, or installer whose license is not revoked, suspended, or subject to an administrative sanction under § 1201.357(b) and who is not out of business to perform the warranty obligation of a manufacturer, retailer, or installer whose license is revoked, suspended, or subject to an administrative sanction under § 1201.357(b) or who is out of business; and
(2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party.
(d) A manufacturer, retailer, or installer entitled to indemnification under this section is a consumer for purposes of Subchapter I and may recover actual damages from the manufactured homeowner consumer claims program.