This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:43 GMT

TITLE 22 - EXAMINING BOARDS
PART 23 - TEXAS REAL ESTATE COMMISSION
CHAPTER 535 - GENERAL PROVISIONS
SUBCHAPTER H - RECOVERY FUND
SECTION/RULE §535.82 - Proration of Payments from the Real Estate Recovery Trust Account
Chapter Review Date 11/09/2022

In 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.

Source Note: The provisions of this §535.82 adopted to be effective March 21, 2012, 37 TexReg 1908; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective June 11, 2023, 48 TexReg 2948.

View Official Rule