Tumminello v. HOME CORPORATION

OPINION

EVANS, Chief Justice.

This appeal involves the limitation period within which a purchaser of a home must assert violations of the Texas Consumer Protection and Deceptive Trade Practices Act (“DTPA”), Tex.Bus. & Com.Code Ann. § 17.565 (Vernon 1987), and claims for breach of warranty based on structural defects.

In September 1977, appellant, J. Michael Tumminello, purchased a new residence from appellee, U.S. Home Corporation, which was both the builder and the seller of the residence. Seven years later, in March 1984, appellant noticed that the fire place had pulled away from the wall,…