Guidance for Texas home buyers reviewing the seller s Disclosure of Property Condition. Terrell Garrett, Inc., 618 S.W.2d 535, 540-41 (Tex.1981 see also Canada v. Kearns, 624 S.W.2d 755, 756 (Tex. App.-Beaumont 1981, no writ). Henry S. Miller Co. v. Bynum, 797 S.W.2d 51 (Tex. In Marshall v. Kusch, 84S.W.3d 781 (Tex. Civ. App. Corpus Christi 2002) the Court espoused: In Texas, a seller of real estate is under a duty to disclose material facts that would not be discoverable by the exercise of ordinary care and diligence on the part of the purchaser, or that a reasonable investigation and inquiry would.
Under the DTPA, if the Seller represents that the house has no termite infestation when in fact it does, he is now subject to liability under the Texas Deceptive Trade Practices Act.