Definition of ''Consumer'' Under Texas DTPA
A consumer is someone who seeks to purchase or lease goods or services. See TEX. BUS. & COM. CODE ANN. 17.45(4) (Vernon 1987 & Supp. 1999); Arthur Andersen & Co. v. Perry Equip. Corp., 945 S.W.2d 812, 815 (Tex.1997).
To qualify as a consumer, a person must satisfy two requirements:
(1) he must have sought or acquired the goods or services by purchase or lease;
(2) the goods or services must form the basis of the complaint. See Vinson & Elkins v. Moran, 946 S.W.2d 381, 406-07 (Tex. App.-Houston [14th Dist.] 1997, writ dism'd by agr.); Hand v. Dean Witter Reynolds, Inc., 889 S.W.2d 483, 496 (Tex. App.-Houston [14th Dist.] 1994, writ denied) (citing Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535, 539 (Tex.1981)).
In a case involving misrepresentations about property, the Texas Supreme Court held that purchasers of real estate made in connection with the use of surrounding property had standing to sue under the Deceptive Trade Practices-Consumer Protection Act (DTPA). See Chastain v. Koonce, 700 S.W.2d 579, 581-82 (Tex.1985).