Smith V. Levine
Texas Court of Appeals
This book is available for download with iBooks on your Mac or iOS device, and with iTunes on your computer. Books can be read with iBooks on your Mac or iOS device.
The Smiths appeal a judgment against them, and in favor of the Levines, under the Texas Deceptive trade Practices Act. In eleven points of error, the Smiths argue that they cannot be held liable for representing to the Levines that the house they sold to them was in "excellent" condition when the Smiths knew at the time that an engineer had previously determined that the foundation was defective. We hold that the evidence adequately supports the jury's findings that the Smiths' knowing concealment and affirmative misrepresentation of material facts regarding the condition of the house were a producing cause of damages -- including mental an anguish damages -- to the Levines. We further hold that, in these circumstances, the "as is" clause in the parties' earnest money contract is unenforceable as a matter of law.