Bohls v. Oakes

In Bohls v. Oakes, 75 S.W.3d 473, 479 (Tex. App.--San Antonio 2002, pet. denied), a wife accompanied her husband when he negotiated the financing of a prospective home purchase with the defendant. After problems arose with the construction and financing of their home, the husband and wife brought, and prevailed on, a DTPA claim against the lender. Id. at 476. On appeal, the lender argued that the wife was not a consumer because she was a stranger to the transaction. Id. at 478. The Court held that the wife was a consumer as "a third-party beneficiary of the transaction between her husband and the lender by virtue of her relationship to her husband and her intent to occupy the home after it was built." Id. at 479.