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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)

Citation
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Parent Document
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Jurisdiction
Kentucky (state)
Effective Date
1994-10-27

Other Sections in This Document (62)

Full Text

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The Careys complained to the builder of problems with the house, including uneven flooring and moisture around the front foyer, and First Lexington did some repair work after arbitration proceedings as provided for by an insurance policy issued on behalf of First Lexington by the Homeowner’s Warranty Corporation (“HOW”) and the HOW Insurance Corporation (“HOWIC”). There were additional problems, including what the movants describe as a slight separation of the chimney from the house, which the Car-eys attempted to deal with on their own, after their second homeowner’s warranty claim was denied. Ultimately, the Careys solved their problems by selling the house to the Franzes. According to the Franzes, soon after the sale, the Franzes began experiencing problems of their own, including water leaking into the front hallway, warping of the parquet and linoleum flooring, and mold and mildew. The Franzes attribute their problems to latent structural defects caused by improper construction and poor workmanship of the builder, First Lexington, in violation of the building code in force by application of statute and local ordinance. The builder responds that it was issued a Certificate of Occupancy by the Lexington-Fayette Urban County Government, Division of Building Inspection, on September 4, 1985, certifying “permission to occupy the house,” presumably upon a finding that construction complied with the applicable building code.