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TEXAS DTP VS. "AS IS"

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TEXAS DECEPTIVE TRADE PRACTICE ACT VS "AS IS" 

Some say that the reason the Texas Legislature put in place the Deceptive Trade Practices Act (Chapter 17 of the Texas Business and Commerce Code), was to give attorneys an opportunity to sue for big bucks, win big settlements, and pack their pockets with big legal fees.  Maybe so.

One thing that the DTPA brought was that it completely wiped out caveat emptor ("let the buyer beware") and replaced it with caveat vendor ("let the seller beware").  And along with it came the inability for either or both parties to waive the rights given them under the DPTA.

In 1995, the Texas Legislature amended the statute so that now consumers CAN waive their rights under the statute.  However, "The consumer-buyer must possess equal bargaining power with the seller, and be represented by legal counsel not identified, suggested or selected by the...seller."

So with respect to real estate transactions, property can now be sold "as-is" under certain circumstances.  And while the buyer can still file suit against the seller under the DPTA statute, if the "as-is" notice was properly negotiated and agreed to at the time of the sale, conventional wisdom seems to say that the buyer cannot recover any monetary damages.

There is a voluminous article titled "As-Is" in the April 2009 issue of Tierra Grande magazine that real estate professionals as well as propery owners should read.  It's written by Judon Fannbrough.  Tierra Grande is a publication of the Real Estate Center at Texas A&M University.

It seems to me that it would be appropriate for any and everyone selling and buying property within the areas hit by Hurricane Ike to agree that the purchase is an "As-Is" transaction.  Afterall, no one can be sure the totality of damage to any property and further, that the remediation was properly done.

If I were a Realtor practicing in, say, Galveston County, I would advise my listing clients to properly identify their sales as "as-is"

BILL CHERRY, REALTORS

DALLAS - HIGHLAND PARK

214 503-8563

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Rick Perry

I never trust men with too much hair...especially politicians with too much hair.  Rick Perry's in this group. 
 
So what's going on here?  Has Rick Perry has totally lost his mind? 
 
Interestingly, KSKY has picked him to moderate their coming dinner where Medved, et al are the guests.  Glad I had already decided not to go.
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"YOU'RE THE TOP!"

There are two very well-known television personalities who were even better as radio call-in talk show hosts.  Tom Snyder (RIP) and Dennis Miller. 
 
Apparently Mr. Miller's program is aired in some locales in the morning, others in the afternoon, and still others in the evening.  In Dallas, you can hear him evenings on KSKY- 660 AM.  This guy's a big thinker, has an extraordinary vocabulary and clever way of expressing himself.
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GEORGE & LAURA SIGNS - AN INTERESTING TALE

 

Just before this year's presidential inauguration, yard signs began popping up on the grounds of homes all over Dallas.  The message?  Welcome Home, George & Laura.

And there are hundreds of them...maybe a thousand or more.  I've seen some that replaced the "Obama for President," the previously posted signs.

The keeper of information in our Lake Highlands' neighborhood is Cliff.  Cliff and his dad had one of Dallas's premier hardwood floor companies for years.  And then one day, Cliff's dad said he wanted to retire.  Cliff said he did, too.  For Cliff it came just in the nick of time.

You see, Cliff is one of those fellows who can't stand to be inside, and especially if it means sitting behind a desk.  So Cliff went into the grass cutting business in our neighborhood.  And because he now cuts so many lawns and sees and visits with so many people throughout the day, he's a good source of information.

So when I noticed the Welcome Home, George & Laura sign in Cliff's yard, I asked him where he got it.  He said that there is a college boy, a TCU economics major named Patrick Bibb, who dreamed up the idea.  The fellow started marketing them door to door and on the Internet.  He had one of the Fast Sign companies make them mas he sold them.  No inventory, no waste, no need to ever have a half-price sale to dump leftovers.

When Spring Break was over, he took his cell phone to the sign shop.  Now the guy at the sign shop takes the orders, prints the signs, and the customers come by and pick them up.  He then sends the college guy his part of the profit every week or so.  And a couple of bucks from each sale goes to Pershing Elementary School in honor of Mrs. Bush.  You see, Mrs. Bush was the librarian at that school.

If you want a Welcome Home, George & Laura sign, here's the number to call.  214 676-7028.  The price is $20.

BILL CHERRY, REALTORS

DALLAS - HIGHLAND PARK

214 503-8563

 

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UPS - TRY SOME OTHER WAY TO GET IT THERE.

Sent a Christmas package by UPS to Victor and Judy in Pearland.
UPS tried to assassinate it by clubbing the package to death. 
 
For four months have ignored the claim I filed with them for insurance reumbursement.  I won't be using them anymore.
 
While US Postal Service breaks and loses a lot of stuff, they are quick to pay insurance claims for their transgressions, and their service is cheaper.
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