A license holder in Dallas tells a buyer that a property has a new roof installed two years ago. In reality, the roof is 15 years old and needs replacement. The buyer relies on this statement and purchases the property. Under the Texas DTPA, what type of actionable conduct has the license holder committed?
Correct Answer
C) A laundry list violation by misrepresenting the characteristics of the goods or services
Under Texas Business & Commerce Code §17.46(b), the DTPA contains a 'laundry list' of specific deceptive practices. Item (5) prohibits misrepresenting the characteristics, uses, benefits, or quantities of goods or services. Falsely stating the roof is two years old when it is 15 years old constitutes a misrepresentation of the property's characteristics.
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The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
More Tx Fair Housing Dtpa Questions
A real estate license holder in Dallas shows properties only in certain neighborhoods to a Hispanic buyer, steering them away from predominantly white areas. The buyer suspects discrimination. Which Texas agency would handle the initial complaint?
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Under the Texas Fair Housing Act and federal law, a landlord must make reasonable accommodations for tenants with disabilities. Which of the following would NOT be considered a reasonable accommodation?
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- → Under HUD's Fair Housing Act design and construction requirements, which of the following is one of the seven accessibility standards required for covered multifamily dwellings first occupied after March 13, 1991?
- → A Texas property management company operates a 50-unit apartment complex open to the public. A prospective tenant who uses a motorized wheelchair inquires about accessibility. Under the Americans with Disabilities Act (ADA), which areas of the complex must be accessible?
- → A deaf tenant in a Texas apartment complex requests that the property manager communicate all important notices via email or text message rather than solely by phone calls. Under the Fair Housing Act as enforced through HUD in Texas, how should the property manager respond?
- → Under HUD regulations enforced in Texas, what is the difference between a "reasonable accommodation" and a "reasonable modification" in the context of fair housing for persons with disabilities?
- → A Texas apartment complex was built in 2020 with 16 ground-floor units and an elevator serving all four floors. Under the Fair Housing Act's design and construction requirements, how many units must meet the seven accessibility standards?
- → Under HUD's guidance on assistance animals as enforced in Texas, a housing provider may deny a request for an assistance animal in all of the following situations EXCEPT when:
- → Under HUD regulations and the Fair Housing Act as enforced in Texas, which of the following is NOT one of the seven design and construction requirements for covered multifamily dwellings?
- → A Texas apartment complex owner is found liable for a Fair Housing Act violation in federal court. Under 42 U.S.C. §3613, what remedies may the court award to the prevailing plaintiff?
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Previous Question
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?
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A homebuyer in Houston files a DTPA claim against a seller who failed to disclose known termite damage. The seller's attorney argues that the DTPA does not apply because the transaction involved real property, not "goods or services." Under Texas law, is this defense valid?