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Tex. Occ. Code § 1101.805

LIABILITY FOR MISREPRESENTATION OR CONCEALMENT

Known as the The Real Estate License Act

The act spans §§ 1101.001–1101.806 (164 sections).

Applied in 2 court decisions — leading case Coldwell Banker Whiteside Associates v. Ryan Equity Partners, Ltd. (2006)

Most recently applied in Stack v. Richman (July 2009)

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff

(a) In this section, "party" has the meaning assigned by Section 1101.551.

(b) This section prevails over any other law, including common law.

(c) This section does not diminish a broker's responsibility for the acts or omissions of a sales agent associated with or acting for the broker.

(d) A party is not liable for a misrepresentation or a concealment of a material fact made by a license holder in a real estate transaction unless the party:

(1) knew of the falsity of the misrepresentation or concealment; and

(2) failed to disclose the party's knowledge of the falsity of the misrepresentation or concealment.

(e) A license holder is not liable for a misrepresentation or a concealment of a material fact made by a party to a real estate transaction unless the license holder:

(1) knew of the falsity of the misrepresentation or concealment; and

(2) failed to disclose the license holder's knowledge of the falsity of the misrepresentation or concealment.

(f) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1172 (S.B. 1968), Sec. 13(2), eff. January 1, 2026.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.