Gupta v. Ritter Homes, Inc.

OPINION

PRICE, Justice.

This is an appeal from a summary judgment granted in favor of the original home-builder, appellee Ritter Homes, Inc., in a suit brought by the second owner of a used home, appellant Vijai P. Gupta. Appellant brought suit against appellee on three theories: implied warranty under the Deceptive Trade Practices Act, implied warranty under the Texas Business and Commerce Code and negligence. The trial court sustained the appellee’s motion for summary judgment, holding that no implied warranty exists on a used home or in other words, a homebuilder makes no implied warranty to…