Real estate professionals are concerned about potential liability under the Texas Deceptive Trade Practices-Consumer Protection Act. The DTPA has penalties that are alarming to say the least: trebled damages for an “intentional” or “knowing” violation, 精神痛苦损害赔偿, 甚至还有律师费和诉讼费. Many plaintiff attorneys like alleging that a real estate professional has violated the DTPA in hopes of strong-arming a settlement early and for more money than is reasonable.
但你知道DTPA有一个安全网吗? There is a “professional services exemption” under the DTPA, which applies to those in the real estate profession and can be your saving grace if you stay in that box and respect its boundaries.
DTPA的边界
17节.49(c) of the DTPA exempts from liability “a claim for damages based upon rendering a professional service, 其本质是提供2021十大正规彩票app, 判断, 的意见, 或类似的专业技能.” Where some real estate professionals get into trouble is by offering advice and 判断, 但是偏离了他们的使命.
例如, a real estate professional who tells a client that it seems like the air conditioning system is functioning just fine is not staying in the DTPA’s safety net. This applies to all mechanical systems within a home or commercial structure. Remember not to give 的意见s as to the functionality of foundations, 屋顶, 空调系统, 池泵, 诸如此类.
When the DTPA Professional Services Exemption Doesn’t Apply
An express misrepresentation of a material fact cannot be protected by the professional services exemption, even if the misstatement is related directly to real estate advice. Likewise, a failure to disclose cannot enjoy this protection. Nor can any “unconscionable act” that takes advantage of another person fall within this broad protection.
Possibly the most common way in which real estate professionals stray from the protection of the professional services exemption is to give an 的意见 on the law. 尽管可以说你是在“提供专业服务”, 其本质是提供2021十大正规彩票app, 判断, 的意见,” you are offering a legal 的意见 and not a real estate 的意见. Providing a legal 的意见 when you are not an attorney is a common way real estate professionals venture out of DTPA protection, since the profession of real estate has many intersections with ordinances, 规定, 税法, 建筑规范, 环境法规, 以及其他类型的法律.
There are wide protections under the professional services exemption, 但这些保护并非没有限制. 做你最擅长的事，并乐在其中! Know the boundaries of your professional advice, and you will enjoy the law’s protection. Advising your client to consult another expert in another relevant discipline does not take away from your competency, 而是提高你的可信度.
How 德州2021十大正规彩票app经纪人® Helped You Gain an Exception to the DTPA
Legislative efforts by 德州2021十大正规彩票app经纪人® resulted in the Texas Legislature in 2011 amending the Texas Deceptive Trade Practices-Consumer Protection Act to clarify that real estate professionals fit within the professional-services exception to the DTPA. 这并不是说你不能被起诉, but the basis for a suit is more defined and must constitute a deviation from providing professional advice, 判断, 或者是对2021十大正规彩票app行业的期望.