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

Summary

The Texas Supreme Court reversed the Court of Appeals and affirmed the trial court, holding that oral misrepresentations about a home’s condition are admissible under the Deceptive Trade Practices-Consumer Protection Act despite a written contract, that proof of intent to deceive is not required, and that reliance is not an element of recovery; the dissent argued that reliance should be required and would have affirmed the appellate judgment.