Ojeda De Toca v. Wise

KILGARLIN, Justice.

We granted writ in this cause to determine whether imputed notice under the real property recording statutes operates as a defense to a buyer’s action for damages arising out of deceptive trade practices. See Tex.Bus. & Com.Code Ann. §§ 17.41-17.63 (Vernon 1987) (hereinafter DTPA). The court of appeals concluded that the imputed notice did operate as a DTPA defense and reversed a trial court judgment favorable to the buyer. 733 S.W.2d 325. We hold there is no such defense and accordingly reverse the judgment of the court of appeals.

Rocío Ojeda de Toca purchased a house from…