Legal Question in Civil Litigation in Texas
Buyer Beware Sign
We have experienced countless problems with our house since moving into it in November 1999. We want to put a sign in our yard that says "BUYER BEWARE" and put the builder's name that built this house. Can we put a sign in our yard???
2 Answers from Attorneys
Re: Buyer Beware Sign
Posting a sign on your property with such a message would most likely be a permissible exercise of the right of free speech.
Re: Buyer Beware Sign
Yes, you can put the sign up. The tougher question is, will the builder retaliate? If he chooses to do so by resort to suit (as opposed to direct retaliation against you or your property -- a risk you should consider) he would likely sue for libel; that is, publishing a false writing about him. His claim might more properly be stated as one for portraying him in a false light, but the Texas Supreme Court abolished that cause of action some time ago. He would then be forced to argue that the statement you made was a misstatment of fact -- hard to impossible to prove under the facts as you lay them out. But you would have to hire a lawyer to defend you, and that would not be cheap. You might well ultimately prevail, but only after expending effort and expense.