McFarland v. Associated Brokers

OPINION

SEERDEN, Chief Justice.

Bruce McFarland, M.D., appellant, brought suit against Associated Brokers (hereinafter “Associated”), appellee, alleging negligence, violations of the Deceptive Trade Practiees-Consumer Protection Act (“DTPA”), and fraud in connection with the purchase of a home. The trial court granted summary judgment in favor of Associated Brokers and, after a trial on appellee’s counterclaim, entered judgment against McFarland for attorneys’ fees. We reverse and remand.

Factual Background

On May 14, 1991, McFarland, with the assistance of Prudential Padre Island Realtors,…