Nghiem v. Sajib

In Melody Home Manufacturing Co. v. Barnes , we held that "an implied warranty to repair or modify existing tangible goods or property in a good and workmanlike manner is available to consumers suing under the DTPA"1 -the Deceptive Trade Practices-Consumer Protection Act.2 As we have previously noted, some courts have interpreted that statement to mean that the implied warranty is actionable only under the DTPA, while others have concluded that a claim of breach can be *720brought under the common law as well as the DTPA.3 We agree with the latter.

The claim for breach of implied warranty in this…