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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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I dissent today because I am concerned about the message which is being sent by the majority’s opinion. Although the majority opinion acknowledges the validity of the reasoning of the New Hampshire court and laments the limitations it perceives in Kentucky U.C.C. provisions regarding privity of contract requirements, the Court will not act to follow a public policy which it knows to be in the best interest of the citizens of this Commonwealth. We do not need statistics to show us that Kentucky has experienced increasing mobility of our population. Like the other states who have considered this privity question, we also have buyers with little experience and. knowledge about construction and builders in this state with superior knowledge, skill and experience in the construction of houses. The majority does not deny that these and other reasons discussed by the New Hampshire court for the extension of the warranty are valid and good reasons for extending the warranty.