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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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If we are to extend Crawley v. Terhune to present circumstances, unlike New Hampshire, we must do so out of whole cloth. Strictly speaking, because the defective construction presently alleged relates to an improvement to real estate, it is not controlled by the U.C.C. Nevertheless, if this were simply a matter of real estate law, rather than of defective construction, this case would be governed by the principles adhered to in Colony Coal & Coke Corp. v. Olinger, 264 Ky. 775, 95 S.W.2d 597 (1936), limiting the subsequent purchaser to rights derived from the predecessor in title. The Majority of this Court is not prepared, as a matter of judicial policy, to extend the theory of a warranty implied in law beyond the kind of warranty statutorily created in Kentucky’s version of the U.C.C. A step of this nature is a public policy to be decided by the legislature. We find no public policy to extend warranty protection in the U.C.C. II. NEGLIGENCE