Clutch City, TX

Did you know that the most likely lawsuit a broker or seller will face is one based on the Texas Deceptive Trade Practices Act?. It allows consumers to sue sellers of goods or services who engage in deceptive trade practices.

"unfair" during a sell. Triple damage liability for a loser! They have this thing called the "laundry list" of Violations that are important to mention in my opinion.

1. Causing confusion as to-the source of sponsorship of projects. In other words, don't say Jenn-Air unless it is!

2. Don't say Jacuzzi, unless it is!

3. **Causing confusion as to affiliations or connections in business can be deceptive!

4. Don't represent goods as new, unless they are! WHAT? What defines new? 2 hours? 2 days, 2 weeks? I always say "newer"

5. False statements about repairs!

6. False statements about billing!

A person may sue for economic damages and for mental anguish. The damages are tripled if it was "intentional"

*******Defenses that are said to probably not work,

1. waiver

2. "as-is"

3. Caveat emptor

ONLY CERTAIN waivers can work. This is supposedly one of them.

"I waive the my rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. After consultation with an attorney of my selection, I voluntarily consent to this waiver."

I will be adding this clause to any "as-is" property.