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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101965
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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WHAT IS STATUTE IN TEXAS TO FILE A LAWSUIT AGAINST SELLER OF

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WHAT IS STATUTE IN TEXAS TO FILE A LAWSUIT AGAINST SELLER OF RESIDENTIAL PROPERTY WHO COMMITTED REAL ESTATE FRAUD TO SELL THE HOME TO ME?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

For fraud, the elements are:

(1) A material representation was made to a person;
(2) The material representation was false;
(3) When the material representation was made;
(4) The speaker (i) knew that the material repre- sentation was false, or (ii) made the material representation recklessly without any knowledge of its truth and as a positive assertion;
(5) The speaker made the material representation with the intent that it should be acted upon by the person to whom the speaker made the representation;
(6) The person to whom the material representation was made acted in reliance upon the representation; and
(7) The person to whom the material representation was made suffered injury or damage.

This can be seen in Stone v. Lawyers Title Insurance, 554 S.W.2d 183, 185 (Tex. 1977).

The elements of a cause of action for fraud by nondisclosure are

(1) the defendant failed to disclose facts to the plaintiff;
(2) the defendant had a duty to disclose those facts;
(3) the facts were material;
(4) the defendant knew the plaintiff was ignorant of the facts and the plaintiff did not have an equal opportunity to discover the facts;
(5) the defendant was deliberately silent when it had a duty to speak;
(6) by failing to disclose the facts, the defendant intended to induce the plaintiff to take some action or refrain from acting;
(7) the plaintiff relied on the defendant's nondisclosure; and
(8) the plaintiff was injured as a result.

Reservoir Syst., Inc. v. TGS–NOPEC Geophysical Co., L.P., 335 S.W.3d 297, 306 (Tex.App.-Houston [14th Dist.] 2010, pet. denied)

There may be more causes of action that may attach depending on what exactly happened.

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Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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