Texas Deceptive Trade Practices Act Applies to Persons Not Engaged in the Business of Selling

Analyses the Dallas Court of Civil Appeal’s case Singleton v. Pennington. Pennington appealed from a judgment that he falsely represented the engine of a boat was in excellent working condition on the grounds that he was not in the business of selling boats and thus the Texas Deceptive Trade Practice Act (DTPA) did not apply. The court held that DTPA “was not limited to personas in the business of selling.” The author believes this was incorrectly decided, and absent reversal by the Texas Supreme Court, legislative action is required to correct this decision.