Soil-Structure Interaction Seminar - Foundation Performance ...

(5) Arguably, implied warranties do not apply to professional
services. Dennis v. Allison, 698 S.W.2d 94 (Tex. App.-­
Fort Worth 1988, writ denied).
(6) These implied warranties are automatically extended to
subsequent purchasers to cover latent defects not
discoverable by a reasonably prudent inspection at the time
of the later sale.
3. Unconscionable Action-- DTPA § 17.50(a)(3)
a. An "unconscionable action" is one that takes advantage of a lack
of knowledge, expertise, ability, or capacity to a grossly unfair
degree or results in a gross disparity between the value -received
and that paid. DTP A § 17 .45(5)
b. Pfeiffer v. Ebby Halliday Real Estate, Inc., 747 S.W.2d 887 (Tex.
App.--Dallas 1988, no writ) (finding no showing of
unconscionability in case involving foundation problems due to
soils).
4. An independent inspection may constitute a new and independent
intervening cause of a purchase and sale transaction with a subsequent
purchaser.
D. Proceeding With a DTPA Action: Statutory Notice & Offer of Settlement
requirements -- DTPA § 17.505
1. Consumer must give defendant 60 days written notice before filing suit.
2. Notice must reasonably detail the specific complaint and the amount of
actual damages and expenses incurred, including attorneys' fees.
Rather than dismissing action when notice requirements are not followed,
a court will merely abate action. Hines v. Hash, 843 S.W.2d 464 (Tex.
1992).
3. Upon written request, a consumer must allow an opportunity to inspect.
Unreasonable refusal to inspect results in loss of automatic doubling of
actual damages under $1,000.
4. Within 60 days after receipt of the notice letter, the Defendant may tender
a written settlement offer. If no notice received, the settlement offer may
be tendered within 60 days after the suit has been flied.
5