Question

A written waiver under the DTPA may be enforceable if which of the following is present...?

A. All of the above
B. The total consideration by the consumer is greater than $100,000
C. The consumer is represented by legal council
D. The waiver does not include the consumer's residence

Answer 1

Under the DTPA, a written waiver may be enforceable if the consumer is represented by legal counsel during the signing of the waiver, regardless of the consideration amount or if it includes the consumer's residence.

Step-by-step explanation:

A written waiver under the DTPA (Deceptive Trade Practices Act) may be enforceable if certain conditions are present. Specifically, the waiver may be considered valid if the consumer is represented by legal counsel.

This means that for a waiver to potentially be enforceable under the DTPA, it is not enough for the total consideration by the consumer to be greater than $100,000, or for the waiver to exclude the consumer's residence; legal representation at the time of signing the waiver is also a necessary condition.