Kentucky Statutes 411.270 – Definitions for KRS 411.270 to 411.282
Current as of: 2024 | Check for updates
|
Other versions
As used in KRS § 411.270 to KRS § 411.282, unless the context otherwise requires:
(1) “Action” means any civil lawsuit or action in contract or tort for damages or indemnity brought against a home inspector to assert a claim, whether by complaint, counterclaim, or cross-claim, for damages or the loss of use of real or personal property caused by a deficient home inspection or home inspection report regarding the inspection of a home. “Action” does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a deficient home inspection or home inspection report;
(2) “Claimant” means a client who asserts a claim against a home inspector concerning a deficient home inspection or home inspection report regarding the inspection of a home;
(3) “Home” means a structure consisting of at least one (1) but not more than four (4) units, each designed for occupancy by a single family, whether the units are occupied or unoccupied;
(4) “Home inspector” means a person licensed in accordance with KRS § 198B.700 to
198B.738; and
(5) “Serve” or “service” means personal service or delivery by certified mail to the last known address of the addressee.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 109, sec. 21, effective July 13, 2004.
Legislative Research Commission Note (7/13/2004). In 2004 Ky. Acts ch. 109, sec. 21, directed that this section be created as a new section of KRS Chapter 21, the statute has been codified in KRS Chapter 411 because it is clear from the subject matter of this statute, the structure of ch. 109, and the range created by ch. 109, secs. 21 to 27, that placement in KRS Chapter 411 was intended. See KRS § 7.136(1)(a) and (h).
Legislative Research Commission Note (7/13/2004). In 2004 Ky. Acts ch. 109, sec. 21, subsec. (4), “home inspector” is defined as “a person licensed in accordance with Sections 1 to 27 of this Act.” Because the home inspector licensure provisions in ch.
109 are confined to Sections 1 to 20, and Sections 21 to 27 set forth notice and opportunity to repair procedures that must be followed prior to bringing an action for damages against a home inspector, the reference to Sections 1 to 27 in subsection (4) has been changed by the Reviser of Statutes to the statutes at which Sections 1 to 20 are codified. See KRS § 7.136(1)(a) and (h).
(1) “Action” means any civil lawsuit or action in contract or tort for damages or indemnity brought against a home inspector to assert a claim, whether by complaint, counterclaim, or cross-claim, for damages or the loss of use of real or personal property caused by a deficient home inspection or home inspection report regarding the inspection of a home. “Action” does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a deficient home inspection or home inspection report;
Terms Used In Kentucky Statutes 411.270
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Personal property: All property that is not real property.
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(2) “Claimant” means a client who asserts a claim against a home inspector concerning a deficient home inspection or home inspection report regarding the inspection of a home;
(3) “Home” means a structure consisting of at least one (1) but not more than four (4) units, each designed for occupancy by a single family, whether the units are occupied or unoccupied;
(4) “Home inspector” means a person licensed in accordance with KRS § 198B.700 to
198B.738; and
(5) “Serve” or “service” means personal service or delivery by certified mail to the last known address of the addressee.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 109, sec. 21, effective July 13, 2004.
Legislative Research Commission Note (7/13/2004). In 2004 Ky. Acts ch. 109, sec. 21, directed that this section be created as a new section of KRS Chapter 21, the statute has been codified in KRS Chapter 411 because it is clear from the subject matter of this statute, the structure of ch. 109, and the range created by ch. 109, secs. 21 to 27, that placement in KRS Chapter 411 was intended. See KRS § 7.136(1)(a) and (h).
Legislative Research Commission Note (7/13/2004). In 2004 Ky. Acts ch. 109, sec. 21, subsec. (4), “home inspector” is defined as “a person licensed in accordance with Sections 1 to 27 of this Act.” Because the home inspector licensure provisions in ch.
109 are confined to Sections 1 to 20, and Sections 21 to 27 set forth notice and opportunity to repair procedures that must be followed prior to bringing an action for damages against a home inspector, the reference to Sections 1 to 27 in subsection (4) has been changed by the Reviser of Statutes to the statutes at which Sections 1 to 20 are codified. See KRS § 7.136(1)(a) and (h).