concurring.
I concur. There can be no question that the complaints about deceptive trade prac*747tice acts were with regard to acts which occurred at the time of the sale. In the pleading upon which the case was tried, the plaintiffs alleged in the second paragraph that they purchased a new 1985 Chrysler New Yorker automobile on or about November 25, 1985. In the following paragraph, they alleged “[a]t the time of the transaction described hereinabove, Defendants represented to Plaintiffs that the automobile was new, that it was of the best quality and would provide years of service to Plaintiffs. Such representations were false, misleading and deceptive....” They also alleged that these representations violated the Act in that they constitute representations that: “(1) the automobile had characteristics, uses or benefits which it did not have; and, (2) that the automobile was of a particular standard, quality or grade when it was of another.” In paragraph IV, it was alleged “that at the time of the purchase of the automobile in question, Defendants were dealers and distributors of automobiles ...” and further that “Defendants impliedly warranted that the automobile would be reasonably fit for the purpose for which it was to be used.” In paragraph V, they alleged “[i]n the sale of the automobile to Plaintiffs, Defendants engaged in an unconscionable action or course of action ... by assuring Plaintiffs that the automobile was of a high quality and value and would provide good service and transportation.” Finally, in paragraph VI, it is alleged “[a]t the time the Plaintiffs purchased the vehicle from the Defendants, the Defendants gave a written warranty on the vehicle.” [Emphases added].
Clearly, all of the allegations about deceptive acts, misrepresentations and warranties are with regard to events occurring at the time of the sale. Admittedly, the suit was not filed within two years from that date. This is a clear case for application of the discovery rule. Unfortunately, it is also a clear case of waiver of the application of that rule.
Being unable to accept the argument of Appellees that the cause of action did not accrue until May, 1986, I concur that the Plaintiffs’ case is barred by limitations.