Texas Supreme Court

Vijai P. Gupta, Petitioner v. Ritter Homes, Inc., Respondents

February 9, 198326 Tex. Sup. Ct. J. 223

Summary

The Texas Supreme Court held that an implied warranty of habitability under the Deceptive Trade Practices Act extends to subsequent purchasers, reversing the appellate court’s summary judgment and remanding for trial, while affirming the appellate rulings on negligent construction and the U.C.C. warranty. Justice Spears, in a concurring opinion, agreed with the result but urged broader guidance on the new cause of action.