Paula has agreed to be Shelby's sponsoring broker. Shelby is showing a home to a couple who are customers. He is a subagent for the listing broker from another firm. Based on information from the MLS listing Shelby tells the couple that the home has 1620 square feet of living area but it actually only has 1590 square feet.
1. Is Shelby's statement actionable under the Texas Deceptive Trade Practices Act (DTPA)?
2. Does Paula have any liability for Shelby's actions?
3. If the couple bought the house relying on Shelby's statement regarding square footage what remedies would be available under the Deceptive Trade Practices Act?
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