This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Texas Deceptive Trade Practices Act Breach Of Warranty In Dallas
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State:
Multi-State
County:
Dallas
Control #:
US-000289
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FAQ
The DTPA is often used in real estate disputes involving: Sellers who fail to disclose foundation, flooding, or structural issues. Real estate agents making false promises or material omissions. Contractors providing substandard construction or repair work.
One year of coverage on all workmanship and exterior materials, for example, such as siding, stucco, doors, trim, drywall, paint. Two years of coverage on windows, heating, ventilation, air conditioning, plumbing, and electrical systems. Six years is the standard of coverage in Texas for major structural defects.
The DTPA provides that "false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful." The DTPA prohibits certain acts or practices "in the conduct of any trade or commerce." This is a very broad provision.
The DTPA provides that "false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful." The DTPA prohibits certain acts or practices "in the conduct of any trade or commerce." This is a very broad provision.
Statute of Limitation In Texas, the current applicable statute of limitations provides that, in general, negligence claims must be brought within two years. Claims for breach of contract, breach of warranty, and fraud must be brought within four years.
The Deceptive Trade Practices Act (sec. 17.46) protects consumers from unlawful business practices. In particular, this section of the DTPA lists what is considered an unlawful business practice in Texas. Also see section 17.50 for the legal remedies available when a warranty is breached.
Exemptions to The Texas Deceptive Trade Practices Act (the “DTPA”) Attorneys (or other similar professionals), Real Estate brokers & Realtors are oftentimes exempt from DTPA claims. This exemption, however, will not apply in cases of fraud or misrepresentation.
Implied warranty coverage can last as long as four years, although the length of the coverage varies from state to state. In Texas, consumers have two years to enforce a breach of warranty from the time of the breach. Texas Business and Commerce Code 17.565.