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Tx Fair Housing DtpaDtpa_consumer_protectionMEDIUM

The Texas Attorney General receives multiple complaints about a real estate development company engaging in deceptive practices across multiple counties. Under the DTPA, what enforcement power does the Attorney General have?

Correct Answer

A) The AG may file a civil action seeking injunctive relief, civil penalties up to $10,000 per violation, and up to $250,000 for violations targeting elderly persons

Under Texas Business & Commerce Code §17.47, the Texas Attorney General may bring an action to restrain deceptive trade practices by seeking temporary restraining orders, temporary or permanent injunctions, and civil penalties. Civil penalties can be up to $10,000 per violation, with enhanced penalties of up to $250,000 per violation when the practices target elderly or disabled consumers.

Answer Options
A
The AG may file a civil action seeking injunctive relief, civil penalties up to $10,000 per violation, and up to $250,000 for violations targeting elderly persons
B
The AG may only refer the matter to TREC for administrative action against the company's license holders
C
The AG may file criminal charges directly against the company's officers
D
The AG may only issue advisory opinions but cannot independently pursue enforcement

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Related Topics & Key Terms

Key Terms:

dtpaattorney_generalenforcementcivil_penalties

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

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.

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