Homebuyer Can Pursue Deceptive Trade Practices Claim Despite Pre-Sale Inspection

HOUSTON - A homebuyer who says she didn't discover mold and evidence of past water leaks until after closing can pursue a claim for deceptive trade practices against the sellers despite having arranged for her own pre-sale inspection and having signed an acceptance form, a Texas federal judge ruled on May 4. Blakeley v. Boltinghouse, No. H-03-4901 (S.D. Texas).

U.S. District Judge Ewing Werlein Jr. did, however, dismiss Donna Blakeley's breach of warranty and fraud claims against James K. and Barbara Boltinghouse, as well as her claim for quantum merit/breach of contract.

Donna Blakeley alleged that the Boltinghouses misrepresented …