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KAPETANOVICH v. FOX

No. 10097 of 1992.

20 Pa. D. & C. 4th 316 (1993)

Kapetanovich v. Fox

Common Pleas Court of Allegheny County, Pennsylvania.

September 20, 1993.

Attorney(s) appearing for the Case

Gary Milnes, for plaintiffs.

Thomas J. May, for defendants.

WETTICK, J., September 20, 1993.

The issue that this opinion addresses is whether the implied warranty arising out of the sale of new residential housing extends to remote purchasers.

In Elderkin v. Gaster, 447 Pa. 118, 288 A.2d 771 (1972), the Pennsylvania Supreme Court concluded that the caveat emptor rule as applied to new houses is an anachronism out of harmony with modern home building practices and held that...

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