Ozuna v. Delaney Realty, Inc.

Richard and Trinidad Ozuna, purchasers of a house, brought suit under the Deceptive Trade Practices Act (DTPA) 1 against Gene and Ann Carlis, sellers of the house, and Delaney Realty, Inc., the realtor involved in the sale. The gravamen of the Ozunas’ deceptive trade practices claim was that (1) the Carlises misrepresented that the house was not susceptible to flooding during periods of heavy rain and (2) Delaney Realty should have ascertained this condition of the house, and should have warned the Ozunas about the house’s susceptibility to being flooded.

Based upon the evidence presented at…