Skip to main content
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

544 chars
I concur in the majority opinion regarding negligence and the Court’s interpretation of the statutory cause of action. I respectfully dissent from the majority’s opinion in regards to the requirement of privity between a builder and a subsequent purchaser. The majority concludes that the Kentucky legislature’s failure to adopt alternative B or alternative C of the U.C.C. evidences a present legislative intent to deny warranty protection to a home buyer who is not in privity with the builder. I do not so interpret the legislature’s intent.