In Texas, if you are a consumer–and the definition under the statute of a consumer is very broad–, there are protections within the statute– the Deceptive Trade Practices Act. It’s there to protect consumers from fraudulent, unconscionable, and a whole laundry list of various acts that shouldn’t go on in commerce.
I have a current client, and the case is still pending, but he collected all of his money and in the spirit of the American dream, got a house built. However, many years down the road, he noticed some termites. And upon further investigation into the walls, he noticed that every wall that had a window was deteriorating. So he hired somebody to go in there and investigate why this was happening and it turned out that that construction company that built his house forgot to put a simple sealant along the window. Years of rain deteriorated his walls.
I’m in the process or pursuing a Deceptive Trade Practices Act lawsuit for this individual, who fits the definition of a consumer, who was subject to unconscionable and negligent action on the part of a construction company. In the state of Texas, you just can’t do that.