Note Many new Texas laws took effect on September 1st, 2025. We are working on reviewing this page and making updates if needed. However, information may be out of date until our review is complete. For help locating current laws, ask a librarian.

Texas law prohibits deceptive practices in sales and advertising. According to Section 17.46 of the Texas Business & Commerce Code, unlawful actions include any "false, misleading, or deceptive acts or practices in the conduct of any trade or commerce." Examples of prohibited actions include:

• claiming that a product is new when it is used/secondhand;
• failing to disclose problems or defects with products;
• causing confusion or misunderstanding as to the source of a product;
• advertising goods with the intent to not sell as advertised;
• misrepresenting the authority of a salesman/representative;
• changing the odometer on a motor vehicle before a sale;
• and more.

See Section 17.46(b) for a complete list of deceptive practices.

Texas Law

Understanding the Law

In certain circumstances, breach of an expressed or implied warranty can fall under the Deceptive Trade Practices Act. See our Warranty Law guide for more information. 

Many states have laws and remedies related to the sale of new vehicles with repeated problems or defects. This type of vehicle is sometimes referred to as a "lemon." The laws surrounding them are known as "lemon laws."

Used vehicles sold by private sellers are not typically protected under lemon laws. However, sellers who misrepresent a vehicle's condition, history, or price could be in violation of the Deceptive Trade Practices Act.

Texas Law

Understanding the Law

Real estate transactions, including buying or renting property, may fall under the Deceptive Trade Practices Act.

Liability for issues with residential construction are more likely to fall under Chapter 27 of the Texas Property Code. 

Find answers to frequently asked legal questions about consumer protection on our website.