LAW FIRM OF J. NATHAN OVERSTREET
8711 Hwy 6 N
Houston, Texas 77095
Texas Deceptive Trade Practices Act
The Texas Deceptive Trade Practices Act (DTPA) is the Consumer Law for Texas consumers who have been the victim of realtor deception, abuse, fraud, or other realtor injury or injury from the seller or inspector.
Did you get what you bargained for? The majority of home buyers will answer yes. Yet, there are too many occasions when consumers discover that the house they moved into is not the house they intended to buy.
What usually happens is that someone involved in the purchase either fails to disclose information or, worse, misrepresents information about the house, its condition, the neighborhood, repairs, damage or a whole list of other possibilities.
The usual list of players who may give you false, misleading or deceptive information are the following:
- the seller of the home
- the realtors
- the inspectors
If one of the parties in your home purchase fails to give you vital information that would have influenced your decision to purchase the house, or if they misrepresented facts about your house, then the State of Texas has provided you with a powerful legal tool for correcting the problem.
The key is DISCLOSURE, DISCLOSURE, DISCLOSURE!
The Texas Deceptive Trade Practices Act was created to protect Consumers. This law is intended to “make consumers whole” after a consumer transaction has damaged them. The question is whether any false, misleading or deceptive act or statement is the producing cause of damages to you—the consumer. Obviously, there are some acts and misstatements that might not harm you in any real way. At the same time, a home purchase is usually one of the largest if not the largest consumer purchase of your life.
If your home is not worth what you paid for it, you have suffered damage. If the cast of characters in the purchase, the seller, realtors or inspectors, influenced your decision to buy the home and you now are faced with repair costs for items you never anticipated, then you may have a DTPA cause of action against them.
You should note that the law does not require that you prove that they intended to mislead you. If you can prove they intended to sell you the home with false, misleading, or deceptive information, then you have proven fraud. That is usually very difficult to establish and fortunately not common. However, there are fairly common misrepresentations that are made in real estate transactions which result in recovery under the DTPA.