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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34317
Experience:  12+ yrs. of experience including real estate law.
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If you are suing a seller of a house for not disclosing

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If you are suing a seller of a house for not disclosing material defects in the house, and you are having a jury trial, which is the easiest to prove, breach of contract, deceptive trade, statutory fraud, common law fraud or something else?

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

What you are describing is a breach of contract...that is, under contract law both parties have a duty to "negotiate in good faith"...part of this is the duty not to lie to the other party.

So if the seller lied to you during the negotiations?

That can be plead as a breach of contract.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 6 months ago.
No, the seller did not disclose material defects. The disclosure stated everything was great, but after moving in, there were numerous issues. What is the easiest to prove of the ones mentioned?

Again, if the seller lied (or withheld information) then your cause of action would be breach of contract.

Customer: replied 6 months ago.
Why not deceptive trade, seems easier to prove.

You can certainly make that case as well...the law allows you to plead multiple "causes of action".

But frankly speaking, if you can prove the seller withheld information during the negotiations? That will allow you to prove breach of contract.

Customer: replied 6 months ago.
Not to be impolite but you really did not answer the question. I needed why one is better than the other, why one type of action is better or worse than the other. Which one is easiest to prove and why.

No worries...and sorry for the confusion.

Breach of contract is easier to prove, in my opinion...since to prove, you only need to show that the seller lied to you or misled you on a material provision of the contract.

Deceptive trade practices is, in my opinion more complex because it is based on this code

http://www.statutes.legis.state.tx.us/SOTWDocs/BC/htm/BC.17.htm

You have to prove violation of this code...and all included elements.

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