A buyer in Austin discovers that a license holder made false representations about the square footage of a home, resulting in a $30,000 overpayment. The buyer files a DTPA claim and proves the misrepresentation was made knowingly. What is the maximum damages the buyer can recover under the DTPA?
Correct Answer
C) $90,000 (treble the actual damages) plus attorney's fees
Under the Texas DTPA (Business & Commerce Code §17.50(b)(1)), when a defendant's conduct is found to be committed knowingly, the court may award up to three times the actual damages (treble damages). For a $30,000 actual damage, this equals $90,000. The DTPA also provides for recovery of reasonable and necessary attorney's fees under §17.50(d).
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Related Concepts
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
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Previous Question
A Texas homebuyer purchases a property and later discovers that the seller knowingly concealed a major foundation defect. The buyer wants to pursue legal remedies. Under which Texas law can the buyer seek treble damages for deceptive practices in a real estate transaction?
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Before filing a DTPA lawsuit against a home seller in Texas, a buyer's attorney must comply with a specific pre-suit requirement. Which of the following correctly describes this requirement?