Real Estate Marketing, Inc. v. Franz

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 ... to the extent of holding that in the sale of a new dwelling by the builder there is an implied warranty that in its major structural features the dwelling was constructed in a workmanlike manner and using suitable materials.” Id. at 746.

The…