California Codes, Business and Professions Code - BPC, Division 4 — Real Estate, Part 1 — Licensing of Persons, Chapter 3 — Real Estate Regulations, Article 7 — Real Property Loans, Section 10246

If any amount:

(a) In excess of the charges referred to in Section 10241 and limited by Section 10242,

(b) In excess of the charges permitted by Section 10242.5, or

(c) Prohibited by Section 10248.1, is received, the borrower may recover, from the person who shall have taken or received the excess or prohibited amount, three times the amount of the excess or prohibited amount and the borrower shall be entitled to costs and a reasonable attorney’s fee; provided that any action for recovery must be brought within two (2) years from the date such excess or prohibited charge was received. However, if the excess or prohibited amount is the result of a bona fide error the borrower may only recover such excess or prohibited amount.

Notes

Allows a borrower who paid specified excess or prohibited charges to recover three times the improper amount plus costs and reasonable attorney’s fees if the action is brought within two years after the charge was received. Limits recovery to the excess or prohibited amount itself when that amount resulted from an honest error.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 10246 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-4/part-1/chapter-3/article-7/section-10246

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