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Texas Deceptive Trade Practices Act Breach Of Warranty In Orange
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State:
Multi-State
County:
Orange
Control #:
US-000289
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FAQ
Sec. 17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL. (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code.
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.
Exempt: Over 30 exemptions including: Confidential information as defined by law; personnel information; litigation or settlement negotiations involving state, competition or bidding information; certain real estate information; certain legislative documents; certain investigation or prosecution documents; certain ...
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.
There are three conditions for exemption: If a health care provider determines that it is not safe for them to get a certain vaccine. If they are in the United States military. If they have a religious or personal belief that goes against getting immunized.
Remedies available under the DTPA include the recovery of economic damages, the possibility of obtaining triple damages for intentional deception, and preventative measures for businesses to maintain compliance and prevent violations.
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.