367.626 Definition of "emergency goods or services" -- Advance payments

281 words·~1 min read·/ky/367-626

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

prohibited during cancellation period -- Return of payments or notes of

indebtedness -- Unenforceable contract provisions -- Contractor's right to

collect reasonable amount for goods and services provided.

(1)As used in this section, "emergency goods or services" means goods, services, or

goods and services to immediately respond to a sudden, unexpected occurrence that

poses a clear and imminent danger requiring immediate action to prevent or

mitigate the loss or impairment of life, health, property, or essential public services.

(2)Except as provided in subsection

(3)of this section:

(a)A contractor shall:

1. Not require any advance payments under a real estate goods or services

contract until the cancellation period provided in KRS 367.622 has

expired; and

2. Tender to the payor any payments, partial payments, or deposits made,

and any note or other evidence of indebtedness provided, to the

contractor under a real estate goods or services contract within ten

days after the contract has been cancelled under KRS 367.622;

(b)Any provision contained in a real estate goods or services contract that

requires the payment of any fee shall not be enforceable against any person

who has cancelled the contract under KRS 367.622; and

(c)Any real estate goods or services contract that contains a price that violates

KRS 367.374 shall not be enforceable.

(3)A contractor that provides any repair services or emergency goods or services

authorized under a real estate goods or services contract that has been cancelled

under KRS 367.622, including but not limited to repair services necessary to

prevent further damage to the premises, shall be entitled to collect a reasonable and

customary amount for the goods, services, or goods and services provided.