The Implied Warranty of Fitness From the Vendor-Builder Extends to Subsequent Purchasers of Homes
Ritchie, Amy L.
Examines the case of Gupta v. Ritter Homes, Inc. Gupta bought a home built by Ritter Homes, Inc. Gupta claimed that a defective slab foundation cause damage to the home. Gupta sued Ritter on the theory of implied warranty under the Deceptive Trade Practices Act (DTPA). The trial court granted summary judgment for Ritter, and the court of appeals affirmed the judgment. The question of an implied warranty under the DTPA was the only issue addressed by the Texas Supreme Court. The Supreme Court reversed the holding of the court of appeals and remanded the case for trial. The Supreme Court held that the implied warranty, which runs from the vendor-builder of a house to the first purchaser, extends to subsequent purchasers as well.