Deceptive Trade Practices and Consumer Protection Act Unit 11 - (2023/2024) Already Passed

Deceptive Trade Practices and Consumer Protection Act Unit 11 - (2023/2024) Already Passed According to case law interpreting the professional services exemption to the DTPA, what type of statement is NOT covered by the professional services exemption? A) A statement of judgment B) A statement of advice C) A statement of opinion D) A statement of fact A statement of fact Is a real estate broker in Texas allowed to accept a listing that will be sold "as is?" A) Yes, as long as the broker uses his company's "as is" boilerplate clause. B) Yes, the TREC-promulgated contract contains an "as is" clause. C) No, it is a violation of DPTA. D) No, it is a violation of DPTA and TRELA. Yes, the TREC-promulgated contract contains an "as is" clause. Under DTPA, "documentary material" would include all of the following EXCEPT A) a tape recording of phone conversations. B) hearsay conversation. C) a rough draft of the buyer's representation agreement with the broker. D) notes made on napkins at a restaurant. hearsay conversation. Janie is a sales agent representing a seller under a listing agreement. Sally knows that the house has plumbing problems but fails to disclose such problems to potential buyers. Which of the following is a TRUE statement regarding Janie's culpability if the buyer sues her for negligence? A) A buyer must show that Janie has a duty to disclose the information to him. B) The fact that Judy represents the seller is a defense to negligence. C) Janie is not liable for negligence because her fiduciary A buyer must show that Janie has a duty to disclose the information to him. How does a consumer prove that a person's false or misleading act was the producing cause of his harm? A) By showing that the consumer relied on a person's false or misleading act to the consumer's disadvantage B) By showing that the defendant intended to harm the consumer C) By showing that the defendant breached his duty D) By showing that the defendant owed the consumer a duty By showing that the consumer relied on a person's false or misleading act to the consumer's disadvantage TJ is a broker, but he is not a member of the Texas Association of