Real Estate Agency Unit 11

only seller John

Seller John has listed his home with broker Bella. John tells Bella that a recent death on the property was due to a suicide, when in fact it was a homicide. Who is potentially liable for a civil suit under the DTPA if Bella does NOT disclose the death to a potential buyer?

three times the amount of actual damages

In the past, what settlements were consumers able to obtain under DPTA when they suffered because of defective or unworkmanlike construction in a new-home purchase?

waste time, energy, and money

Groundless lawsuits

yes, the TREC-promulgated contract contains "as is" clause

Is a real estate broker in Texas allowed to accept a listing that will be sold "as is?"

punishing damages

Punitive damages are

known defects must be disclosed by the seller

The Texas Supreme Court has ruled that for an "as is" agreement to be enforceable, it must pass several tests, one of which is

a new-home builder who refuses to repair a defective wall stud discovered by the homeowner two months after moving in. a new-home builder who fails to repair/replace a dishwasher that floods the basement the night the new residents move in. the air-conditioning company that refuses to return calls to a homeowner about the defective air-conditioning unit just installed by the company. D) all are examples of breach of warranty.

An example of breach of warranty under DTPA might be

economic gain by the accused

In order to prove allegations of real estate fraud in a court of law, prosecutors must demonstrate all of the following EXCEPT

did not know, and could not have known, the information was false or inaccurate. gave written notice to the consumer before closing that she was relying on the written information. received the information in writing. D) met all of these conditions.

Key to the success of a licensee's defense that she relied on information from another source depends on the licensee proving that she

met all these conditions

Key to the success of a licensee's defense that she relied on information from another source depends on the licensee proving that she

misrepresented by omission.

Rosie Ruiz, a listing associate with Camp Zama Realty, does not mention to a prospective buyer that the 100-acre tract of land might soon be incorporated within the city limits. The announcement was in the local paper that morning. Rosie had not read about it because she seldom bothers to read the paper. Rosie has

innocent acts of omission

The 2011 amendment to the Deceptive Trade Practices and Consumer Protection Act (DTPA) exempts licensees from

that a person has taken advantage of the lack of knowledge, ability, experience, or capacity of the consumer to a grossly unfair degree

The DTPA provides that a consumer can sue if the consumer has suffered economic damages produced by unconscionable action by another. "Unconscionable" means

no, Patrick did not rely on the roof info to make his decision

Tom was a buyer's broker for Patrick when they purchased the home next to Paul, who is Peter's brother. When Tom showed Patrick the property, Tom said that the roof had been replaced five years ago, when he knew that the roof was really 10 years old. Patrick insisted on placing a higher offer on the property than Tom advised because he was intent on living next to his brother. When the roof leaked, Patrick later accused Tom of fraud. Will Patrick be successful in his fraud case against Tom?

cost of repair/replacement

Under DTPA, "economic damages" includes compensatory damages for

Telling the buyer that the tiles in the foyer were American made, when they were imports

Which of the following acts by a broker would fall under the list of deceptive practices as defined by the Deceptive Trade Practices Consumer Protection Act?

A broker should supply a timely written notice that he is relying on written information supplied by someone else.

Which of the following is a reasonable defense brokers may use against DTPA lawsuits?

Failing to tell the seller that a broker is receiving commission from the buyer

Which of the following practices is a violation of the Deceptive Trade Practices Consumer Protection Act (DPTA)?

that is was a producing cause of loss

xUnder the Deceptive Trade Practices Act, which of the following must a consumer prove about a misleading, deceptive, or fraudulent act?