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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 result is that a purchaser of a home from a person who is not the builder can bring suit against the original builder. This matter has been considered by the Supreme Court of Oklahoma who identified it as a “greatly increased potential tort liability faced by builders and others.” Jaworsky v. Frolich, 850 P.2d 1052 (Ok.1992). In that case, a five year implied warranty extended to a remote purchaser with the cause of action accruing upon the completion of the home. Indeed, the fears of many builders that a prospective flood of litigation will follow could well be realized.