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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A person who informs a potential claimant that the claimant may be entitled to claim property that is reportable to the comptroller under this chapter, that has been reported to the comptroller, or that is in the possession of the comptroller may not contract for or receive from the claimant for services an amount that exceeds 10 percent of the value of the property recovered, plus reasonable attorney's fees necessary to pursue the claim. If the property involved is mineral proceeds, the amount for services may not include a portion of the underlying minerals or any production payment, overriding royalty, or similar payment.
(b) The person who informs a potential claimant and by contract or other written agreement is to receive a percentage of the value of the property may not file or receive a form to claim on behalf of a claimant.
(c) An agreement to assist a claimant in the recovery of property that is reportable to the comptroller, that has been reported to the comptroller, or that is in the possession of the comptroller under this chapter is enforceable only if the agreement:
(1) clearly states the nature of the property and the services to be provided;
(2) is signed by or on behalf of the claimant; and
(3) states the amount or value of the property reasonably expected to be recovered, computed before and after a fee or other compensation has been deducted.
Cite this article: FindLaw.com - Texas Property Code - PROP § 74.507. Assistance of Claimant; Fee for Recovery - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-74-507/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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