In the event of multiple valid pending claims against a licensee
or certificate holder in excess of the limitations in §1102.359,
Texas Occupations Code, 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 Inspection Recovery Fund, 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 §1102.359,
Texas Occupations Code 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 Inspection Recovery
Fund, 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 §1102.359, Texas Occupations Code 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 Inspection Recovery Fund, the other interest, attorney
fees, and court costs shall be prorated.
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