A creditor is liable for the penalty provided by Section 349.003 if the creditor:
(1) fails to order the manufactured home or fails to hold the manufactured home in inventory in accordance with the deposit agreement under Section 347.303 or 347.304, respectively; or
(2) retains as a deposit an amount that exceeds the amount authorized by Subchapter H.
Official text of the Texas Finance Code as published by the Texas Legislative Council.