PJC Business

D AMAGES

PJC 115.17

PJC 115.17 Question on Fee Forfeiture—Amount of Fee QUESTION ______ What was the amount of Don Davis ’s fees in [ describe the transaction in question, e.g., Don Davis’s brokerage of the real estate transaction ]? Answer in dollars and cents, if any. Answer: _______________ COMMENT When to use. If the amount of the fiduciary’s fee is disputed, PJC 115.17 should be used. Once the amount of the fee has been established, the court determines as a matter of equity the amount, if any, to be forfeited. See Burrow v. Arce , 997 S.W.2d 229, 241 (Tex. 1999); see also PJC 115.15. Causation not required. It is not necessary to prove that the fiduciary’s breach caused damages to have the fiduciary forfeit fees. Burrow , 997 S.W.2d at 238–40. Return of consideration. A trial court may also fashion an equitable remedy that requires return of all or part of any benefit received, including contractual consider ation. See ERI Consulting Engineers, Inc. v. Swinnea , 318 S.W.3d 867, 873 (Tex. 2010) (affirming equitable award of significant part of contractual consideration paid by plaintiffs to defendant). If the amount or value of the benefit is in dispute, a modi fied version of PJC 115.17 may be used.

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