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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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I must respectfully dissent from the majority opinion because I believe that in spite of rejecting the reasoning of the Court of Appeals’ adoption of the New Hampshire case of Lempke v. Dagenais, 130 N.H. 782, 547 A.2d 290 (1988) the result reached is the same. Any extension of a right of recovery to subsequent purchasers is an extension of the implied warranty of habitability. Recovery in the absence of privity of contract with the builder is inconsistent with existing Kentucky law. Crawley v. Terhune, Ky., 437 S.W.2d 743 (1969). No matter what name is attached to the right of recovery by the majority opinion, it remains an extension of the implied warranty of habitability to subsequent purchasers.