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. With residential homes, the Texas Property Code Section 5.008 requires the seller to provide a Sellers Disclosure Notice which is a collection of disclosures and representations.
In commercial real estate, there is no disclosure requirement. But a seller may still make factual representations through MLS listings, advertising and the like.
in the DTPA, the key factor is the representation or "practice". For instance, if the seller represents that the house has a new roof and only the shingles are replaced, does that mean the roof has been replaced? What if the decking is rotted? The answer can depend on what else matters. If the decking is fine then the representation is truthful and fair. If the decking is rotted, then the same representation can be false, misleading and deceptive - a violation of the Texas Deceptive Trade Practices Act- the DTPA.