Head v. U.S. Inspect DFW, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a broken “agreement to furnish a certain quality of services” was not a “misrepresentation” for purposes of DTPA exemption caveat
• concluding that trial court did not err in granting summary judgment on claim of unconscionable act when, among other factors, consumer had choice in selecting inspection company
• stating that determination of prevailing party must be based upon success on the merits
• finding one of the considerations in determining unconscionability of limitation of liability provision in home inspection contract was that defendant was not the only home inspection service available to the plaintiff
• relying in part on fact that plaintiff “was represented by a board certified real estate attorney who worked with the listing agent on the house during the purchase” in deciding “that there was no disparity in bargaining power”
• “Even under the DTPA, a seller is not liable for failing to disclose information he did not actually know.”

Source: CourtListener parenthetical corpus (CC0).