Torres v. Texas Real Estate Commission

KEITH, Justice.

Plaintiff below appeals from an adverse judgment entered after a bench trial wherein she sought recovery under the provisions of Tex.Rev.Civ.Stat.Ann. art. 6573a, § 8 (1969), the Real Estate Recovery Fund (hereinafter “Act”).

Plaintiff and her husband, Ray Torres, deposited $30,000 with G & H Builders, Inc., wherein the corporation agreed to construct a house of approximately 2,500 square feet upon a lot to be selected by the Torres. When the lot was selected, G & H was to pay not to exceed $11,000 from the deposit toward the purchase price of the lot. The balance of the cost of…