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Retherford v. Castro

The appellant, a TREC-licensed professional home inspector, appeals from a judgment entered against him pursuant to the Deceptive Trade Practices Act. The professional services exemption applies to the report of professional real estate inspectors. The trial court's judgment is reversed and remanded. Waco Court of Appeals, No. 10-10-00298-CV, 01-04-2012.

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OPINION

Wesley Retherford, a TREC-licensed professional home inspector, appeals from a judgment entered against him pursuant to the Deceptive Trade Practices Act. TEX. BUS. & COM. CODE Ch. 17 (West 2011). Retherford was sued pursuant to the DTPA and for negligent misrepresentation. After a bench trial, the trial court entered a judgment for violations of the DTPA only. Retherford complains that the trial court failed to properly apply the professional services exemption to the DTPA and that the evidence was legally insufficient for the trial court to find that he had violated the DTPA. Because we find that the professional services exemption applies and no exceptions to that exemption were met, we reverse the judgment of the trial court and remand for a new trial on the issue of negligent misrepresentation.

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