Question
Sharon went to Dean's Marine intending to purchase a boat to use at her lake house in the Texas Hill Country. Dean, the sole proprietor
Sharon went to Dean's Marine intending to purchase a boat to use at her lake house in the Texas Hill Country. Dean, the sole proprietor of Dean's Marine, told Sharon that he had a previously owned 2007 WaveSlasher that had just been placed on the lot. He told Sharon that, although it was used, the WaveSlasher was in great condition and ran "like new." He also told her that the purchase price was $3,000. Sharon told Dean that she knew nothing about mechanical matters, and that she needed a boat that was in good condition because she didn't want to get stranded on the lake. Dean assured her that the WaveSlasher was ready for use and showed her the Dean's Marine "30-point Quality Inspection Checklist," which indicated that all parts of the WaveSlasher had been inspected by his mechanic and were in good working order. Sharon, reassured by the inspection report, agreed to buy the WaveSlasher. The contract of sale included a statement in conspicuous, large print that the WaveSlasher was being sold "As is. No warranties." In fact, the mechanic employed by Dean's Marine had quit the day before Dean's Marine acquired the WaveSlasher. Dean, who is not a mechanic, had filled out the "30-point Quality Inspection Checklist" himself, never having started the engine and after having done only a cursory, visual inspection of the exterior of the WaveSlasher. The day after she purchased the WaveSlasher, Sharon went to the lake to try it out. After running it for about an hour, she heard a grinding noise and smelled smoke. A few minutes later, the WaveSlasher's engine stopped running. Sharon was stranded on the lake for several hours and had to flag down a passing boater to tow her to shore. Her wait in the sun caused her to suffer a severe and painful sunburn, which had to be treated by her physician. She was so upset about being stranded on the lake that she experienced nightmares about the incident for weeks afterwards. Sharon took the WaveSlasher to a mechanic the following day and paid him to inspect it. The mechanic told her that any competent inspection would have revealed that there were obvious signs that the WaveSlasher's engine had been poorly maintained for a long period of time.
1. What claims, if any, might Sharon assert against Dean's Marine under the Texas Deceptive Trade Practices Act?
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