concurring-in-part-and-dissenting-in-part">DAVID GAULTNEY, Justice,

concurring and dissenting.

I concur with the resolution of issue one, but respectfully dissent to the resolution of issues two and three.

The contract, prepared by the plaintiff, provided in part as follows:

5. Buyer has examined the property to Buyer’s complete satisfaction and knows its condition. In purchasing the property, Buyer relies on Buyer’s examination and judgment, not on the representation of any other person as t the value, future value, condition, size, age, use, or any other matter. Buyer acknowledges that in selling the property Seller makes no warrantied [sic] other than title. This contract is the entire and only agreement between Buyer and Seller, and it incorporates all other written, verbal, express, and implied agreements made between any party or any agent of any party to this contract in connection with this transaction. If any provisions in this contract conflict with any provisions in any other instrument, those in this contract shall control.

There is no evidence of the cause of the water damage, other than the damage caused by the hot water heater valve which occurred after plaintiff moved into the house. Knowledge of a roof repair cannot be equated with knowledge of water damage. Plaintiff presented no evidence of fraud in the inducement of the “as is” agreement. To the contrary, plaintiff prepared the contract in which he disclaimed reliance on any representation by defendant concerning the condition of the house. In the absence of any evidence of fraud in the inducement of the “as is” agreement, this contractual disclaimer negates any claim that representation about the condition of the house caused damage to plaintiff. I would overrule issues two and three and affirm the trial court’s judgment.

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