Section 535.82 - Proration of Payments from the Real Estate Recovery Trust AccountIn the event of multiple valid pending claims against a license holder in excess of the limitations in §1101.610 of the Act, the claims shall be prorated as follows:
(1) Actual damages shall be allocated first. If the total of the eligible actual damages of all claims exceeds the maximum that may be paid from the Real Estate Recovery Trust Account, the actual damages shall be prorated, and no interest, attorney fees, or court costs shall be paid.(2) If, after allocating the actual damages as provided by paragraph (1) of this section, the limitations in §1101.610 of the Act are not reached, interest on actual damages (pre-judgment and post-judgment) shall be allocated second. If the total of the interest on eligible actual damages of all claims exceeds the amount remaining to be paid from the Real Estate Recovery Trust Account, the interest on eligible actual damages shall be prorated, and no other interest, attorney fees, or court costs shall be paid.(3) If, after allocating the actual damages and interest thereon as provided by paragraphs (1) and (2) of this section, the limitations in §1101.610 of the Act are not reached, other interest, attorney fees, and court costs shall be allocated third. If the total of the other interest, attorney fees, and court costs of all claims exceeds the amount remaining to be paid from the Real Estate Recovery Trust Account, the other interest, attorney fees, and court costs shall be prorated.22 Tex. Admin. Code § 535.82
The provisions of this §535.82 adopted to be effective March 21, 2012, 37 TexReg 1908Amended by Texas Register, Volume 39, Number 50, December 12, 2014, TexReg 9687, eff. 1/1/2015; Amended by Texas Register, Volume 48, Number 23, June 9, 2023, TexReg 2950, eff. 6/11/2023