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Code · Kentucky · Kentucky Revised Statutes

411.278 Notice of home inspector's right to cure before commencement of litigation

228 words·~1 min read·/ky/411-278

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

-- Action not barred if home inspector fails to give notice.
(1)The home inspector shall, upon entering into a contract for the inspection of a
building or residence, provide notice to each client of the home inspector's right to
offer to cure a deficient home inspection or home inspection report before a client
may commence litigation against the home inspector. The notice shall be
conspicuous and may be included as part of the underlying contract signed by the
client.
(2)The notice required by this section shall be in substantially the following form:
"CHAPTER 411 OF THE KENTUCKY REVISED STATUTES CONTAINS
IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY
FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE HOME
INSPECTOR OF YOUR RESIDENCE. YOU MUST DELIVER TO YOUR
HOME INSPECTOR A WRITTEN NOTICE OF ANY CONDITIONS YOU
ALLEGE THAT YOUR HOME INSPECTOR FAILED TO INCLUDE IN THE
HOME INSPECTION REPORT AND PROVIDE YOUR HOME INSPECTOR
THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE
DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY
THE HOME INSPECTOR. THERE ARE STRICT DEADLINES AND
PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM
MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT."
(3)KRS 411.270 to 411.282 shall not preclude or bar any action if notice is not given
to the client as required by this section.
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