Arturo Flores v. Millennium Interests, Ltd.

Summary

This is a dissenting opinion by Justice Scott Brister in a Texas Supreme Court case addressing three certified questions concerning statutory disclosures for property sold by contract for deed and related damages. The dissent argues that the statute required specific information in annual statements, that statutory liquidated damages constituted exemplary or punitive damages subject to Chapter 41 of the Texas Civil Practice and Remedies Code, and that all three certified questions should have been answered affirmatively.

Questions Presented

1. Whether the annual-statement statute requires the seller's statement to contain each of the expressly listed statutory items.
2. Whether Chapter 41's substantive and procedural limits on exemplary damages apply to the statutory damages imposed for failure to provide the required annual statement.
3. Whether actual damages are required before the statutory damages may be recovered under Chapter 41, including whether statutory malice could satisfy that requirement for claims accruing before September 1, 2003.

Disposition

other