(a) A person who deals with an auctioneer licensed under this chapter and who is aggrieved by an action of the auctioneer as a result of a violation of a contract made with the auctioneer may initiate a claim against the fund by filing with the department a complaint against the auctioneer.
(b) The department may not pay a claim against an auctioneer who was not licensed at the time of the transaction on which the claim is based.

Terms Used In Texas Occupations Code 1802.202

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) The department shall investigate a complaint filed under this section and determine the amount owed to the aggrieved party.

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