Texas Property Code 28.008 – Exception for Failure of Lender to Disburse Funds
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Terms Used In Texas Property Code 28.008
- Contract: A legal written agreement that becomes binding when signed.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
The date of payment required of the owner pursuant to § 28.002(a) shall change from the 35th day after the date the owner receives the payment request to the fifth day after the date the owner receives loan proceeds, in the event that:
(1) the owner has obtained a loan intended to pay for all or part of a contract to improve real property;
(2) the owner has timely and properly requested disbursement of proceeds from that loan; and
(3) the lender is legally obligated to disburse such proceeds to the owner, but has failed to do so within 35 days after the date the owner received the contractor’s payment request.