Does the failure to disclose information concerning a commercial property deceptive business practices or possibly, fraud?

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Does the failure to disclose information concerning a commercial property deceptive business practices or possibly, fraud?

Texas. Commericial Lease states that leaseholder is responsible for lawyers fees & property taxes. Lease was vetted by a lawyer. Estimate given in the lease for the property taxes is 1/2 of the actual taxes. Landlord knew that the taxes were twice the estimate. They had already filed protest with the county commissioner’s office two month’s before the lease was signed. If the leaseholder had known that the property taxes were double the estimate and the landlord was pursuing legal action, thereby incurring legal fees that the leaseholder is responsible for, they would not have signed the lease

Asked on June 8, 2009 under Real Estate Law, Texas

Answers:

R. David Weaver / The Weaver Law Firm

Answered 12 years ago | Contributor

If the landlord failed to disclose a material fact, and that the failure to disclose was intended to and did induce the tenant to enter into the lease agreement, a violation of the Texas Deceptive Trade Practice - Consumer Protection Act has occurred, notwithstanding the fact that it was a commercial lease.  The tenant may either rescind the transaction or recover damages occasioned by the transaction.  Further, a jury or judge could award up to three times the amount of actual damages sustained, plus Court costs and attorney's fees.

R. David Weaver / The Weaver Law Firm

Answered 12 years ago | Contributor

If the landlord failed to disclose a material fact, and that the failure to disclose was intended to and did induce the tenant to enter into the lease agreement, a violation of the Texas Deceptive Trade Practice - Consumer Protection Act has occurred, notwithstanding the fact that it was a commercial lease.  The tenant may either rescind the transaction or recover damages occasioned by the transaction.  Further, a jury or judge could award up to three times the amount of actual damages sustained, plus Court costs and attorney's fees.


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