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Senate Bill 1353 |
Senate Author: Eltife et al. |
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Effective: 5-28-11 |
House Sponsor: Solomons et al. |
Senate Bill 1353 amends the Business & Commerce Code to make statutory provisions governing deceptive trade practices and consumer protection inapplicable to a claim against a person licensed as a broker or salesperson under The Real Estate License Act arising from an act or omission by the person while acting as a broker or salesperson. The bill makes this exemption inapplicable to an express misrepresentation of a material fact that cannot be characterized as advice, judgment, or opinion; a failure to disclose information in violation of a specified provision of law governing deceptive trade practices involving the disclosure of information concerning goods or services; or an unconscionable action or course of action that cannot be characterized as advice, judgment, or opinion.