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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 statute that this Court today construes as providing a private right of action is further indication from the legislature that the public policy of this state supports the extension of warranty protection to persons other than those in privity with the builder. KRS 198B.130 allows recovery by “any person or party, in an individual capacity or on behalf of a class of persons or parties.” This statute is wholly inconsistent with a public policy which limits a person’s right of action for breach of warranty of habitability based upon the question of privity.