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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 also find a problem with what is, regardless of the words used, an extension of the implied warranty when considered with the restrictions on the statute of limitations. This combination gives rise to a considerable burden being placed on homebuilders in Kentucky. This Court has previously restricted limitations on liability in tort actions. Perkins v. Northeastern Log Homes, Ky., 808 S.W.2d 809 (1991); Tabler v. Wallace, Ky., 704 S.W.2d 179 (1986). It now continues that trend by using statutory interpretation when in reality, it has judicially created a cause of action against a homebuilder by a subsequent purchaser of that building far remote in time.