Residential Homeowners’ Protections

Understanding Residential Homeowners’ Protections under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA)

Since 1973, the DTPA has been a shield for residential homeowners. The DTPA offers a range of protections against fraudulent and deceptive trade practices by sellers and service providers. The Texas construction defect attorneys at Nunis and Associates can help consumers determine their remedies for residential homeowners.

The DTPA aims to prevent unfair methods of competition and deceptive trade practices in consumer transactions. This law gives homeowners legal recourse in cases where they have been misled or defrauded by those involved in the sale, lease, or repair of residential properties. Under the DTPA, homeowners can seek remedies for most of deceptive practices, including false representations, false advertising, and failure to disclose material facts. The DTPA can also protect property owners from contractors failure to honor their warranty for defective construction.

The DTPA has a broad scope of coverage. Unlike some consumer protection laws that may only apply to specific industries or types of transactions, the DTPA applies to nearly all consumer transactions, including those involving residential real estate.

Also, the DTPA requires sellers and service providers to act in good faith and deal fairly with consumers. This requires sellers to disclose any known defects or problems with the property that could materially affect its value or resale. Failure to disclose such information can constitute a violation of the DTPA and may result in legal consequences for the seller.

If you are a victim of fraud, misrepresentation, or the failure of a contractor to honor their warranty, you should be aware that the DTPA provides for treble damages and attorney fees. Treble damages are an award of three times the economic damages incurred by a consumer. This is a way of punishing those that knowingly or intentionally make misrepresentations or defraud consumers. The DTPA also provides for the recovery of attorney fees incurred by consumers who have been victims of fraud or deceptive acts. The purpose of the DTPA is to make sure that consumers who have been taken advantage of by sellers or consumers, are fully compensated for their losses.

If you or someone you know has been wronged as a consumer, contact Nunis & Associates to discuss your potential claims with our experienced DTPA, fraud and construction defect attorneys.