concurring.
I concur in the result.
The Tenant complained that the Landlord misrepresented to him the terms of their lease and that, as a result, he suffered damage. The Tenant sought recovery under the Deceptive Trade Practices Act, which clearly prohibits one from representing that an agreement confers or involves obligations that it does not have or involve. Tex.Bus. & Com.Code Ann. § 17.46(b)(12) (West 1987 & Supp.1994). The jury found that the Landlord had violated the statute. On appeal, the majority holds that, despite the Landlord’s incorrect representation of the terms of their lease and the Tenant’s duties thereunder, the Landlord’s conduct is not actionable under the DTPA.
In reaching its result, the majority determines that the relevant statute must be applied, not literally, but on a case by case basis, considering the totality of the circumstances in light of suggested factors it considers reasonable and relevant. Applying this analysis, the majority concludes that the Landlord’s erroneous representation concerning the parties’ agreement was merely an expression of his opinion and his incorrect *538interpretation of the contract terms and did not, as a matter of law, constitute a violation contemplated by the Act.
I do not join in that portion of the majority’s opinion pertaining to the applicability of the DTP A. The statute clearly prohibits a party from making incorrect representations; however reasonable the test proposed by the majority, an alleged violation is actionable and should be left to the jury to resolve. Nevertheless, we need not decide in this appeal when, if ever, a false representation is not actionable. Even assuming the Landlord’s false representation violates the DTPA and is actionable thereunder, the Tenant cannot prevail.
As the majority sets out as the second basis for its holding, the record reflects that the Tenant’s only actual damage was incurred after the lease was properly terminated. I agree. That being true, any misrepresentation the Landlord made could not have been a producing cause of any actual damage to the Tenant.
The sole injury suffered by the Tenant, according to his own testimony, was the expense he incurred in employing a licensed security guard after the Landlord had terminated the lease. The Tenant does not dispute this fact, arguing only that he had explored the possibility before the lease terminated. Even assuming the misrepresentation is actionable, the Tenant failed to prove that the Landlord’s conduct was a producing cause of any damage to him and, therefore, he cannot recover. For this reason, the jury’s damage verdict cannot be sustained.
Because I agree that the evidence is legally insufficient to prove that the Landlord’s misrepresentations regarding the lease produced any actual damage to the Tenant, I join in the balance of the majority’s opinion and judgment for the reasons set forth therein.