Roland D. Smith, Petitioner v. Alan Baldwin, D/b/a Alan Baldwin, Builder, Respondent

Summary

The Texas Supreme Court held that the Deceptive Trade Practices Act’s subdivision (7) applies to representations about future goods and services and does not require proof of intent, so substantial performance of a construction contract does not bar DTPA liability. Accordingly, the court affirmed Smith’s entitlement to treble damages on the net actual loss of $900, resulting in a $2,700 award, and denied Smith’s claim for attorney’s fees based on the assignment. Justice GREENHILL dissented, arguing that the statute should not cover future‑quality misrepresentations.