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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 movant, First Lexington, urges us to restrict the scope of a breach of warranty claim to buyers in privity with the builder, the limiting language in Crawley v. Terhune, supra, arguing “in the sale of a used house, the parties are on equal footing: the consumer/purchaser relies on the eonsumer/seller, not a ‘professional seller,’ to disclose problems or defects.” While such arguments are not in themselves persuasive in present circumstances, where the home was practically new in terms of the reasonable expectation of the buying public, this Court has no policy for extending warranty law beyond the limitations of contract or statute.