{"data":{"id":"us-tx/tex.-occupations-code-1101.805","jurisdiction":"us-tx","citation":"Tex. Occupations Code § 1101.805","heading":"LIABILITY FOR MISREPRESENTATION OR CONCEALMENT.","body":"(a) In this section, \"party\" has the meaning assigned by Section 1101.551.\n(b) This section prevails over any other law, including common law.\n(c) This section does not diminish a broker's responsibility for the acts or omissions of a sales agent associated with or acting for the broker.\n(d) A party is not liable for a misrepresentation or a concealment of a material fact made by a license holder in a real estate transaction unless the party:\n(1) knew of the falsity of the misrepresentation or concealment; and\n(2) failed to disclose the party's knowledge of the falsity of the misrepresentation or concealment.\n(e) A license holder is not liable for a misrepresentation or a concealment of a material fact made by a party to a real estate transaction unless the license holder:\n(1) knew of the falsity of the misrepresentation or concealment; and\n(2) failed to disclose the license holder's knowledge of the falsity of the misrepresentation or concealment.\n(f) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1172 (S.B. 1968), Sec. 13(2), eff. January 1, 2026.\nAdded by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.\nAmended by:\nActs 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 90, eff. January 1, 2016.\nActs 2025, 89th Leg., R.S., Ch. 1172 (S.B. 1968), Sec. 13(2), eff. January 1, 2026.","path":["OCCUPATIONS CODE","TITLE 7. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING","SUBTITLE A. PROFESSIONS RELATED TO REAL ESTATE","CHAPTER 1101. REAL ESTATE BROKERS AND SALES AGENTS","SUBCHAPTER Q. GENERAL PROVISIONS RELATING TO LIABILITY ISSUES"],"source_url":"https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1101.htm#1101.805","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:31Z","sha256":"ab6cb07d76c21482d6548010245530d2692d27fd76c46c8070ba73c0cf937394","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-occupations-code-1101.804","next":"us-tx/tex.-occupations-code-1101.806"},"notice":"GroundRules: Original legal text. Not legal advice."}