Dennis and Lori Weitzel, Petitioners v. Michael Barnes, D/b/a Barnes/segraves Development, Respondents

Summary

The Texas Supreme Court affirmed the trial court's judgment, holding that oral misrepresentations are admissible and sufficient for a DTPA claim despite a written contract, that no proof of trickery, artifice, or device is required, that reliance is not an element of recovery, that specific pleading of the DTPA provision is unnecessary, and that corporate agents may be individually liable. Justice Gonzalez dissented, arguing that reliance is required and the majority erred.