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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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Protecting buyers from a reduction in habitability and value caused by defective construction is a worthy goal. The public policy which guides the adoption of such protection should rest in the sound judgment of the General Assembly and not the opinions of this Court. Any action for recovery by subsequent purchasers remains a judicially created recovery for a breach of the implied warranty of habitability without the privity of contract required between the buyer and the builder. Creation of such laws by the judiciary is improper regardless of how it is hidden in the guise of statutory interpretation. --- 035concurrenceinpart by Prater ---