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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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While I concur in the majority opinion’s interpretation of KRS 198B.130, I am concerned that the protections accorded by this statute are not uniformly available to all residents of the Commonwealth. Applying the warranty of habitability to all non-privity home buyers state wide would not usurp the legislature’s policy-making authority. The legislature has already made its policy statement by the plain language of KRS 198B.130. Extending the warranty would only insure a uniformity in protection for citizens wherever they reside in this Commonwealth.