A building owner (JMB) bought a skyscraper with defective windows and sued the window manufacturer (PPG) using warranty claims it had received from the previous owner. The Texas Supreme Court ruled that DTPA (consumer protection) claims cannot be assigned or transferred from one party to another. This means you cannot buy someone else's legal claim against a supplier or manufacturer—only the original injured party can sue. The decision protects the statute's purpose of encouraging individual consumers to pursue their own claims rather than treating legal claims like tradeable property.
Do not attempt to purchase or accept assignment of DTPA claims from previous owners, contractors, or other parties—Texas courts will void them
If you suffer defects from a supplier or manufacturer, you must bring your own claim; you cannot rely on claims assigned to you by predecessors
Warranty claims tied to DTPA protections are personal to the injured party and cannot be transferred as part of a property or contract sale