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?
Correct Answer
A) No, because the DTPA applies to real property transactions and the purchase of a home is considered the acquisition of goods and services
Under Texas Business & Commerce Code §17.46, the DTPA's definition of 'goods' includes real property, and 'services' includes real estate brokerage services. Texas courts have consistently held that the DTPA applies to real property transactions. A homebuyer is a 'consumer' who seeks to acquire goods (the home) by purchase.
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Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
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More Tx Fair Housing Dtpa Questions
A homeowner in Plano files a fair housing complaint with the Texas Workforce Commission alleging housing discrimination. Under Texas law, within what timeframe must the complaint be filed after the alleged discriminatory act?
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A property manager in San Antonio implements a blanket policy requiring all applicants to have a credit score above 750 to qualify for rental housing. Data shows this policy disproportionately excludes African American and Hispanic applicants. Under the Texas Fair Housing Act, what type of discrimination claim could be brought?
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?
- → A Texas apartment complex built in 1993 with four or more units has common areas that are not accessible to persons using wheelchairs. The building was constructed with no elevator, and all units are on the second and third floors. A disabled prospective tenant files a complaint. Under the Fair Housing Act's design and construction requirements as enforced in Texas, which of the following is MOST accurate?
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- → A Texas homeowner who owns three single-family homes sells one of them without using a real estate license holder or discriminatory advertising. The homeowner has not sold any other property in the past 24 months. Under the federal Fair Housing Act, is this sale exempt from fair housing requirements?
- → 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?
- → A landlord in Houston refuses to rent an apartment to a family because they have two children under the age of 10. The tenants file a complaint. Under the Texas Fair Housing Act, which protected class has been violated?
- → A Texas license holder is reviewing fair housing law with a new sales agent. The license holder explains the seven federal protected classes. Which of the following is NOT a protected class under the federal Fair Housing Act as enforced in Texas?
- → A Texas real estate office is located on the ground floor of a commercial building. A prospective client who uses a wheelchair cannot enter the office because of a four-inch step at the entrance. Under the ADA, what must the real estate brokerage do?
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- → 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?
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Previous Question
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?
Next Question
A commercial investor in Fort Worth purchases a strip mall for $2.5 million. After closing, the investor discovers the seller misrepresented the occupancy rates. The investor wants to file a DTPA claim. Under Texas law, can this investor qualify as a DTPA consumer?