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?
Correct Answer
C) No, because the DTPA exempts transactions involving consideration exceeding $500,000 unless the consumer is an individual
Under Texas Business & Commerce Code §17.49(g), the DTPA does not apply to a transaction involving total consideration exceeding $500,000 unless the claimant is an individual. Since a commercial investor purchasing a $2.5 million strip mall likely exceeds this threshold and may be a business entity rather than an individual, the DTPA exemption would apply.
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More Tx Fair Housing Dtpa Questions
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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?
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