Question
Alberta retained Brenda, a licensed, professional real estate agent, to list his house in Harris County, Texas for sale. As part of her initial inspection
Alberta retained Brenda, a licensed, professional real estate agent, to list his house in Harris County, Texas for sale. As part of her initial inspection of the property. Brenda measured the house's square footage. She inadvertently calculated the square footage to the house as 3,000 square feet when, in fact, the square footage of the house is 2,500 square feet. Albert noticed the error in Brenda's calculation but did not correct it. With Albert's approval, Brenda listed the house for sale having 3,000 square feet and with a sale price of $250,000.
Cedric was shopping for a house and hired Brenda as his agent. Brenda arranged for Cedric to view Albert's house. During the viewing, Cedric told Brenda that the listing had him interested because of the house's location and size. While there, Cedric noticed that the floors appeared slightly warped and also saw cracks around some of the doors and windows. He asked Brenda if she thought the house had any foundation damage. Brenda told him that, in her opinion, the cracks appeared to be cosmetic and would likely have no side effect on the house's value. Based on Brenda's statement, as well as the information he read in Brenda's listing, Cedric purchased the house for 250,000.
Six months later, Cedric's employer required him to move to New York. Cedric contacted Edward, a real estate agent, to list the house for sale. Before listing the house, Edward reviewed Brenda's listing from the previous year. After inspecting the house, Edward advised Cedric that the square footage in Brenda's listing was wrong and that the house actually only had 2,500 sqaure feet. Edward hired a licensed inspector to inspect the house, and the inspector discovered the house's foundation was significantly damaged, and the damage would negatively affect the house's value.
Edward advised Cedric that, due to the size of the house and the damage to the foundation, the house's value was only 190,000. Cedric was very upset at this news and became so stressed about the house's decreased value that he developed value that he developed a painful ulcer, which required him to undergo treatment by a physician.
What defense, if any, may Brenda assert under Texas consumer laws?
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