HOW THE DTPA APPLIES TO REAL ESTATE
The Texas Deceptive Trade Practices Act can and does apply to the sale of residential and commercial real estate. When a seller offers a property for sale, he or she can make representations of fact about the property. A representation can be implied. An implied representation may be that the property has functional plumbing. If it does not have functional plumbing, does the seller have to say the plumbing doesn't work? No. In Texas there is no law, rule or requirement to disclose anything about a commercial property.
If a seller sells the property "AS IS", then the buyer accepts the property as she finds it. It is up to her to discover that the plumbing doesn't work.
Best advice to any seller of commercial real estate property? Sell it "AS IS" and make no representations of any kind.