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KIRKMAN v. PAREX, INC.

No. 3709.

356 S.C. 525 (2003)

590 S.E.2d 36

Theodore H. KIRKMAN and Karen K. Kirkman, Appellants, v. PAREX, INC.; Francis Coaxum, d/b/a Coaxum Stucco; R.E. Miller, Miller Housing, Inc., and Miller Development Group; and First Union National Bank of South Carolina, Defendants, of Whom FIRST UNION NATIONAL BANK OF SOUTH CAROLINA is, Respondent.

Court of Appeals of South Carolina.

Decided December 8, 2003.

Rehearing Denied February 20, 2004.

Attorney(s) appearing for the Case

John D. Kassel and William D. Robertson, III, both of Columbia, for Appellants.

Thomas E. Lydon, of Columbia, for Respondent.

KITTREDGE, J.:

Pursuant to cross-motions for summary judgment, the trial court determined that First Union, as a lender, did not impliedly warrant the habitability of Ted and Karen Kirkman's house. Summary judgment was granted in favor of First Union and the Kirkmans appeal. We affirm.

FACTS

In 1989, Miller Housing began the construction of a house for speculative sale in Mt. Pleasant, South Carolina. Miller

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