A chronic issue in Texas law is defining when representations made by a “seller” prior to contract execution bind the seller, notwithstanding contract language that purports to disclaim or otherwise limit the “buyer’s” right...more
6/1/2022
/ As-Is Clauses ,
Buyers ,
Contract Terms ,
Disclaimers ,
JPMorgan Chase ,
Merger Clause ,
Misrepresentation ,
SCOTUS ,
Sellers ,
State Law Tort Claims ,
TX Supreme Court ,
Warranties
Contract parties, sophisticated and unsophisticated, often attempt to limit their exposure to post-execution claims of the contract counterparty, particularly to misrepresentation claims, by the contract language. These...more
3/30/2022
/ As-Is Clauses ,
Buyers ,
Construction Contracts ,
Contract Disputes ,
Disclaimers ,
Merger Clause ,
Misrepresentation ,
Sellers ,
State Law Tort Claims ,
Texas ,
TX Supreme Court ,
Unfair or Deceptive Trade Practices