Module 11

Question 1

A Texas law that was passed in 1973 that allows an aggrieved consumer to sue a seller of goods for damages

Answer 1

Deceptive Trade Practices Act

Question 2

Arise out of law

Answer 2

Statutory Defenses

Question 3

Reliance on specific information that brought about a purchasing decision by a consumer of a good or service

Answer 3

Producing Cause

Question 4

The use of adjectives and opinions rather than details and facts to evoke a positive emotional experience

Answer 4

Puffing/Puffery

Question 5

A document used by sellers to tell of their knowledge of the condition of their property

Answer 5

Sellers Disclosure Notice

Question 6

An assertion or statement by words or conduct that is not in accordance with the facts

Answer 6

Misrepresentation

Question 7

A Texas law that was passed in 1973 that allows an aggrieved consumer to sue a seller of goods for damages.

Answer 7

DTPA

Question 8

Proof that omission brought about injury.

Answer 8

Producing Cause

Question 9

DTPA Definitions:
Brokerage is a

Answer 9

service

Question 10

What are defined as tangible chattels (real property is tangible when purchased or leased.)

Answer 10

Goods

Question 11

What means work, labor, or repair of goods?

Answer 11

Services

Question 12

What is an individual, corporation, partnership, or government source who seeks to acquire or purchase the goods or services?

Answer 12

Consumer

Question 13

Proof that the act or omission was a significant factor in bringing about injury

Answer 13

Producing Cause

Question 14

An individual, corporation, partnership, or government source who seeks to acquire of purchase goods or services.

Answer 14

Consumer

Question 15

Tangible chattels which includes real property when sold or leased.

Answer 15

Goods

Question 16

A consumer may waive their rights under the DTPA by signing a specific document.

Answer 16

Waiver of Consumer Rights

Question 17

Work, labor, or repair of goods, which includes brokerage.

Answer 17

Services

Question 18

Part of the Texas Business and Commerce Code that allows an aggrieved consumer to sue a seller of goods for damages.

Answer 18

Deceptive Trade Practices Act (DTPA)

Question 19

This is an example of what?:

Written information relating to the particular goods and service in question obtained from governmental records, if the information was false or inadequate and the defendant did not know and could not reasonably have known of the falsity or inaccuracy of the information.

Answer 19

Statutory defenses are defenses that arise out of law (statute).

Question 20

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: Foreclosure sellers

Answer 20

Exempt

Question 21

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: For Sale By Owner

Answer 21

Required

Question 22

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: A seller who sells without a real estate agent

Answer 22

Required

Question 23

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: Administrators and Executors of a will

Answer 23

Exempt

Question 24

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: From one co-owner to another

Answer 24

Exempt

Question 25

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: To a spouse or someone in the linear line of consanguinity

Answer 25

Exempt

Question 26

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: A landlord/owner selling a property they have never lived in

Answer 26

Required

Question 27

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: ExemptTo or from governmental entities

Answer 27

Exempt

Question 28

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: Someone who owns a property out of an estate

Answer 28

Required

Question 29

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: Where the building does not exceed 5% of the value of the property

Answer 29

Exempt

Question 30

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: An out of state owner

Answer 30

Required

Question 31

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: Between spouses through a divorce decree

Answer 31

Exempt

Question 32

Decide whether the sellers below would be required to use or exempt from using a Seller’s Disclosure Form: By the builder of a new home that has never been occupied

Answer 32

Exempt

Question 33

True or False: The Deceptive Trade Practices Act is a federal law.

Answer 33

F

Question 34

True or False: Real estate license holders are rarely sued under an action of DTPA.

Answer 34

F

Question 35

True or False: All sellers have an obligation to disclose any known material defects to a buyer.

Answer 35

T

Question 36

True or False: A court of law cannot suspend or revoke an agent’s license under a DTPA violation.

Answer 36

T

Question 37

True or False: In Texas, the agent is always responsible for the accuracy of the Seller’s Disclosure Notice.

Answer 37

F

Question 38

True or False: Claims filed under DTPA will be thrown out if there is no indication of intent to do harm.

Answer 38

F

Question 39

True or False: Stating that an item is “new” or “original” when it is reconditioned or secondhand is considered misleading or deceptive under DTPA.

Answer 39

T

Question 40

True or False: Consumers can recover up to 4 times the amount of economic damages if the defendant’s conduct is found to be intentional.

Answer 40

F

Question 41

True or False: A consumer can bring suit against anyone who is proven to be the procuring cause of the deceptive or misleading practice.

Answer 41

T

Question 42

When Myra told Kristina that the roofing contractor only uses “top-of-the-line material” and that the roof should last a very long time, she was most likely guilty of what?

Answer 42

Myra was misrepresenting the property.

Question 43

Select whether each statement below is “Safe” to use or potentially “Concerning”:
“Looks good to me!’

Answer 43

Concerning

Question 44

Select whether each statement below is “Safe” to use or potentially “Concerning”:
“Don’t Worry!’

Answer 44

Concerning

Question 45

Select whether each statement below is “Safe” to use or potentially “Concerning”:
“You should get an inspection.”

Answer 45

Safe

Question 46

Select whether each statement below is “Safe” to use or potentially “Concerning”:
“This is a small repair.”

Answer 46

Concerning

Question 47

Select whether each statement below is “Safe” to use or potentially “Concerning”:
“Beautiful”

Answer 47

Safe

Question 48

Select whether each statement below is “Safe” to use or potentially “Concerning”:
“Finest Quality”

Answer 48

Concerning