Until working with Evin, my husband and I truly thought we were going to have permanently lost the earnest money on a house that we never even purchased. You have listened to our situation and provide detailed and practical advice in how to proceed. Many other attorneys and even our realtor seemed to think this was a lost cause and told us to basically give up on trying to get our money back. I appreicate your kindness and understanding of what it feels like to be "the little man" standing up to the giant. I would recomend you & your firm to anyone looking for honest and fair legal advice
Ashley H. W., May 2 2013
New Houses Sold that Flooded Four Times in First Year
Fraud, misrepresentations, the Texas Deceptive Trade Practices Act (DTPA), concealment and non-disclosure are horrific words if you are a consumer. If you are a new home buyer, the idea that you are a victim of fraud, misrepresentations, Deceptive Trade Practices Act, concealment and non-disclosure is mortifying and you immediately feel like the victim you are. But you can do something about it. The law is on your side.
Formosan Termite Damage in a House Treated by Orkin
Real Estate Fraud happens every day. Realtors, mortgage brokers, home inspectors, termite inspectors and home builders can and do commit Fraud in a Real Estate Transaction. Real Estate Fraud is the knowing misrepresentation of material facts that you relied on in buying the house and that would have influenced you NOT to buy the house if you had known the truth. Realtors, mortgage brokers, home inspectors, termite inspectors and home builders all have different duties and responsibilities to you the homebuyer, but the Texas Deceptive Trade Practices Act, the Fraud in a Real Estate Transaction statute and Texas Common Law are how you can get the house you paid for and start putting your life back together.
The Deceptive Trade Practices Act Applies to Everything You Buy or Lease
In Texas, the Deceptive Trade Practices Act applies to everything you buy or sell, not just real estate. So if you believe that you bought something that was represented to have characteristics and qualities it did not have, you probably have Deceptive Trade Practices violation. The list of what the Texas Deceptive Trade Practices Act (DTPA) applies to is endless, but here is a quick list:
- Cars, Trucks, Automobiles DTPA
- Boats DTPA
- RVs, Trailers, Campers DTPA
- Refrigerators, freezers DTPA
- Washer, dryer DTPA
- Vacation rental DTPA
- Insurance DTPA
- Furniture DTPA
- Lawn and gardening, mowers DTPA
- Home decorations DTPA
- Catering services, food DTPA
- Wedding services, chapel rental DTPA
- Clothing, wedding gowns, suits DTPA
- Hotel,resort, conference room DTPA
- Cruise ship, fishing charter DTPA
- ANYTHING YOU BUY OR PURCHASE!
Contact me to discuss. Consultation is free!
Evin G. Dugas
A Litigation Firm
2303 RR 620 South
Suite 135 PMB 361
Austin, Texas 78734
I am Evin G. Dugas and I have practiced law since 1988 and have defended pest control companies, realtors and contractors in consumer or Deceptive Trade Practices Act (DTPA) claims since 1990. I have represented consumers in DTPA cases since 1995. My unique experience defending the industries I now pursue for consumers provides you, the homeowner, with real leverage for your case. I have tried over 135 jury trial cases throughout Texas in over 17 counties. I have represented clients in over 30 counties throughout Texas. I haven't seen it all, but I have seen more than almost all other lawyers, so I don't have to go to school on your case - I know what I am doing.
I have chosen to focus my practice on residential real estate AFTER the purchase. I have represented realtors, sellers, home inspectors and termite inspectors. I have tried over 135 civil jury cases including over 30 post purchase residential real estate cases. To put that in perspective, most attorneys with 20 years or less of practice have less than 30 civil jury trials that they tried and were first chair (the one in control). Very few attorneys have 50 or more civil jury trials.
Mr. Dugas is Board Certified in Consumer & Commercial Law by the Texas Board of Legal Specialization. Board Certification is granted to attorneys who have met strict criterion required by the Texas Board of Legal Specialization including a substantial amount of time trying cases and litigating cases in the area of specialization as well as passing a written examination on the details of the specialization category. There are less than 70 attorneys in the entire state of Texas who are Board Certified in Commercial & Consumer Law. (For more information about Board Specialization visit www.tbls.org.)