了解例外情况

Most real estate brokerage activity is exempt from the Deceptive Trade Practices Act. But there are three major exceptions you should know about:

  • An express misrepresentation of a material fact that cannot be characterized as advice, 判断, 或意见
  • Failure to disclose information known at the time of the transaction if the reason for not disclosing the information was to induce the consumer into the transaction (see Section 46(b)(24) of the Texas Business and Commerce Code)
  • An unconscionable action or course of action that cannot be characterized as advice, 判断, 或意见.

顾名思义, the Deceptive Trade Practices-Consumer Protection Act (DTPA) protects Texas consumers against deceptive business practices, 不合理的行为, 违反保证.

DTPA and breach of contract allegations frequently appear in lawsuits, in part because successful claimants can recover attorney fees. 即使你每件事都做得很完美, you as the seller’s agent may become involved in a buyer’s lawsuit.

Susan Schwartz is a partner in the Dallas office of national law firm Wilson Elser Moskowitz Edelman & 做小生意. 她和李·桑托斯, AXA XL TX索赔经理, 与珍珠保险公司合作, 是德州2021十大正规彩票app经纪人®风险管理合作伙伴. “From a risk management perspective, we always preach: document, discuss, and disclose,” 桑托斯说.

文档

The best way to protect yourself from DTPA claims is to keep detailed records, Schwartz says. 保持与客户和供应商的沟通. 如果你通过短信与客户沟通, save the messages or follow up with an email that reiterates what was written.

你的文件越详细越完整, the better able you are to defend yourself in non-disclosure claims. 施瓦茨2021十大正规彩票app保存所有的书面交流, but she has even heard of situations when agents produced audio or video communications to help their cases.

Avoid casual language and shorthand references when communicating professionally. 如果你说 OK 表示你收到了信息, a buyer’s attorney could later argue that you were consenting to something,她说。.

讨论

Schwartz and Santos recommend calling your errors and omissions insurance provider as soon as you receive a formal demand letter or if you believe an issue is on the horizon.

Don’t try to fix any issues yourself; tell your broker immediately. 经纪公司以前可能处理过你的问题. 跟上你的训练进度也有帮助.

Don’t be afraid to tell clients that a question or request is not part of your job. Real estate professionals are required to stay in their lane and not operate outside of their experience.

桑托斯说，相信自己的直觉也是一个好主意. 如果你对客户的感觉不好, 或者他们没有直截了当, 考虑不要和他们做生意. “I know that’s difficult because that’s your income source, but whom you work with is a consideration in risk management,他说.

披露

“Most claims are about failure to disclose, such as mold or foundation issues,” Schwartz says. 原告还可以寻求一系列损害赔偿, 比如要求基本重建房屋. 有些人要求精神痛苦赔偿.”

Make sure that your clients are properly completing necessary disclosures and that you do your job carefully and thoroughly to limit your risk.

DTPA claims in Texas come with significant costs—around $30,000 on average. Schwartz says there’s also the stress of legal proceedings and litigation. Participating in legal proceedings also distracts you from practicing real estate.

此外, 如果你把案子告上法庭，输了, the 判断 is a public record and can affect your professional reputation, 桑托斯说.

如果你有问题，请联系你的E&O供应商.