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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 trial court was of the opinion that the five-year statute of limitations in KRS 413.120 applied to this case and barred the Franzes cause of action against First Lexington. In its opinion, the running of limitations was triggered by a letter from the Careys to First Lexington on March 2,1986 providing a list of alleged defects in the house. The trial court reasoned that knowledge of defects possessed by the Careys should be imputed to the Franzes as successor in title, that the cause of action accrued when the Careys knew of the defects, and that “failure of the Careys to advise the Franzes of these defects, ... [was] not the responsibility of the Defendant, First Lexington Company.”