Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Tuesday, November 10, 2009

Fraud in a Real Estate Transaction (statutory cause of action)

Real Estate Fraud

Section 27.01 of the business and commerce code provides:

(a) Fraud in a transaction involving real estate . . . consists of a

(1) false representation of a past or existing material fact, when the false representation is

(A) made to a person for the purpose of inducing that person to enter into a contract; and

(B) relied on by that person in entering into that contract . . . .

Tex. Bus. & Com. Code Ann. § 27.01 (West 2009).