Question

Clarice was a buyer in a transaction where Hannibal served as her broker. There was no written broker representation agreement. Clarice was not happy with the services Hannibal provided, although Hannibal did his best under difficult circumstances. Clarice did not listen to any of his advice and made uninformed decisions. She clearly did not like him, but Hannibal was not sure why. After the sale closed, Clarice filed a lawsuit against Hannibal, but she did notify him of her intent to sue with a phone call 30 days before she filed suit. Hannibal did not answer the call, so she left a message telling him she was going to sue, that she wanted $3 million in damages, and that she would see him in court. Hannibal hasn't received any notice from Clarice about the lawsuit. Has Clarice complied with the DTPA?

Answer 1

Clarice did not comply with the DTPA because she did not provide written notice of her intent to sue.

Step-by-step explanation:

Clarice did not comply with the DTPA (Deceptive Trade Practices Act) because she did not provide Hannibal with written notice of her intent to sue. Under the DTPA, a consumer is required to give the seller or service provider written notice at least 60 days prior to filing a lawsuit, stating the specific complaint and the amount of damages sought. Clarice only notified Hannibal with a phone call and left a message, which does not satisfy the requirement.