Legal Question in Consumer Law in Texas

Deceptive Trade Practice Act

I advertised to sell a house to be moved. I requested a $2,000 deposit in order to hold. They inquired about moving costs. I was not representing myself as a moving company. I collected a deposit in the form of a personal check which turned out to be a NSF. I then collected the earnest money in cash and returned the check. We both signed an ''Earnest Money Agreement'' that remaining payment be made by a set date. The Agreement stated clearly non-refundable deposit. I later gave a 24 hour notice that I was not going to hold the house any longer than agreed and that I had lost several other inquiries. I mentioned another person was wanting to put down a deposit. They are claiming that I intentionally deceived them of their deposit, withheld information causing several house movers to decline and that I should not have continued to show. I did not proceed even with another deposit until the day after they defaulted. I offered additional time for moving only that payment must be received by the date agreed. The couple wants their deposit back and is threatening suit. The house was not connected, so not real estate property. Do they even have a case?


Asked on 12/29/03, 1:44 pm

3 Answers from Attorneys
Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Deceptive Trade Practice Act

Despite the house's detachment from land, your situation may relate to real property law. The strength of the other party's claims may depend on the terms of your earnest money agreement and any other agreement and discussions you may have had with them.

Read more
Answered on 12/29/03, 2:01 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Deceptive Trade Practice Act

It all depends upon the specific language in the earnest money contract. Of course if you withheld critical information they may have a case, the earnest money contract notwithstanding.

Read more
Answered on 12/29/03, 2:43 pm

Re: Deceptive Trade Practice Act

Try this website for a little primer on the Texas DTPA.

www.texasbar.com/public/consumerinfo/helpfulinfo/consumer/dtpa.asp

Also, take a look at 17.41 of the Texas Business and Commerce Code. See this link. www.capitol.state.tx.us/statutes/bc/bc0001700toc.html

Did you document your dealings them? You should have an attorney look over your contract and communications.

What do you have to show lost opportinity? Do you have any other prospective buyers?

Read more
Answered on 12/29/03, 2:56 pm


Related Questions & Answers

More Consumer Law questions and answers in Texas