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Tx Fair Housing DtpaDtpa_consumer_protectionEASY

A homebuyer in Lubbock purchases a property after the seller represents that the HVAC system was replaced within the past year. After closing, the buyer discovers the HVAC system is actually 12 years old. Before filing a DTPA lawsuit, what must the buyer do first?

Correct Answer

C) Send a written demand letter to the seller at least 60 days before filing suit

Under Texas Business & Commerce Code §17.505(a), a consumer must provide written notice to the prospective defendant at least 60 days before filing a DTPA lawsuit. The notice must specify the complaint and the amount of damages claimed, giving the defendant an opportunity to make a settlement offer.

Answer Options
A
File a complaint with TREC and wait 90 days for a response
B
Obtain a certified inspection report proving the HVAC system's true age
C
Send a written demand letter to the seller at least 60 days before filing suit
D
Register the claim with the Texas Attorney General's consumer protection division

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Related Topics & Key Terms

Key Terms:

dtpa60_day_noticepre_suit_requirementhvac_misrepresentation

Related Concepts

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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