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C-- - - - -' Chapter 189 S.B. No. 1353 1 AN ACT 2 relating to certain claims against persons licensed as real estate 3 brokers and salespersons. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTION 1. Section 17.49, Business & Commerce Code, is 6 amended by adding Subsection (i) to read as follows: , 7 (i) Nothing in this subchapter shall apply to a claim 8 against a person licensed as a broker or salesperson under Chapter 9 1101, Occupations Code, arising from an act or omission by the 10 person while acting as a broker or salesperson. This exemption does 11 not apply to: 12 (1) an express misrepresentation of a material fact 13 that cannot be characterized as advice, judgment, or opinion; 14 (2) a failure to disclose information in violation of 15 Section 17.46(b)(24); or 16 (3) an unconscionable action or course of action that 17 cannot be characterized as advice, judgment, or opinion. 18 SECTION 2. Subsection (i), Section 17.49, Business & 19 Commerce Code, as added by this Act, applies only to a claim arising 20 from an act or omission that occurs on or after the effective date 21 of this Act. A claim arising from an act or omission that occurred 22 before the effective date of this Act is governed by the law in 23 effect on the date the act or omission occurred, and the former law 24 is continued in effect for that purpose.
Reference the current page of this Legislative Document.
Texas. Legislature. Senate.82nd Texas Legislature, Regular Session, Senate Bill 1353, Chapter 189,
legislative document,
May 28, 2011;
[Austin, Texas].
(https://texashistory.unt.edu/ark:/67531/metapth311826/m1/1/:
accessed April 25, 2024),
University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu;
crediting UNT Libraries Government Documents Department.