Tex.
Occ. Code Section 402.405
Recovery on Surety Bond
(1)
a material misstatement of fact or misrepresentation by a license holder employed by an entity subject to Section 402.404 (Surety Bonding) regarding the instrument or services to be provided by the license holder that was relied on by the purchaser or that induced the purchaser to purchase the instrument;(2)
the failure by the entity subject to Section 402.404 (Surety Bonding) to provide the purchaser with an instrument or with fitting and dispensing services that conform to the specifications of the purchase agreement;(3)
the diagnosis of a medical condition unknown to the purchaser at the time of the purchase that precludes the purchaser’s use of the instrument;(4)
the failure by the entity subject to Section 402.404 (Surety Bonding) to remedy a significant material defect of the instrument within a reasonable time;(5)
the provision by the entity subject to Section 402.404 (Surety Bonding) of fitting and dispensing services that are not in accordance with accepted industry practices; or(6)
the failure by a license holder employed by the entity subject to Section 402.404 (Surety Bonding) to meet the standards of conduct prescribed by this chapter or under rules adopted under this chapter that adversely affects the transactions between the purchaser and the license holder or the entity subject to Section 402.404 (Surety Bonding).
Source:
Section 402.405 — Recovery on Surety Bond, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.402.htm#402.405 (accessed Jun. 5, 2024).
