Non Disclosure is Alive and Well In Texas. Why? Well, Texas judges have a cavalier attitude about consumer rights. This is a "Bidness" state and when sellers make misrepresentations of fact, Texas trial judges require the seller to make a whopper before they take notice. Under Texas law, a misrepresentation of any fact is enough for a lawsuit under the Texas Deceptive Trade Practices Act or DTPA to go to trial. However, some Texas trial judges routinely grant summary judgments against consumers in total contravention of the law and the facts.
The law says that if there is no more than a fact question, a summary judgment can not be granted. So if you say the realtor said it was 1800 square feet and it turned out to be 1700 square feet, then there is a fact question about how many feet were represented to you.