Kentucky Supreme Court October 27, 1994, No. 93-SC-124-DG (Real Estate Marketing, Inc. v. Franz)

lead-opinion

LEIBSON, Justice.

The issue is whether homeowners, when they are not the original purchasers, can assert a viable claim against the homebuilder for structural defects. Crawley v. Terhune, *923Ky., 437 S.W.2d 748 (1969) adopted as a common law principle an implied warranty of habitability to the

“buyer of a new house from the professional builder-seller ...