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
The Texas Supreme Court recently issued an important decision regarding the ability of general contractors to seek indemnity from manufacturers of defective products. In Centerpoint Builders GP, LLC v. Trussway, Ltd., the...more