Kentucky Statutes 367.626 – Advance payments prohibited during cancellation period — Return of payments or notes of indebtedness — Contractor’s right to collect reasonable amount for services performed — Unenforceable contract provisions
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(1) Except as provided in subsection (3) of this section, on or after July 12, 2012, a roofing contractor shall not require any advance payments under a contract for the repair or replacement of any part of a roof system of residential real estate when payment is expected to be made from the proceeds of a property or casualty insurance policy until the cancellation period, as provided in KRS § 367.622, has expired.
(2) Within ten (10) days after a contract has been cancelled as provided in KRS
367.622, a roofing contractor shall tender to the payor any payments, partial payments, or deposits made, and any note or other evidence of indebtedness, except as provided in subsection (3) of this section.
(3) A roofing contractor that performs any repair services authorized by the owner of residential real estate, 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 repair services performed.
(4) Any provision in a contract executed on or after July 12, 2012, for the repair of a roof system of residential real estate, as provided in KRS § 367.620 to KRS § 367.628, that requires the payment of any fee, except for repair services performed under subsection (3) of this section, shall not be enforceable against any person who has cancelled a contract under KRS § 367.622.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 97, sec. 4, effective July 12, 2012.
(2) Within ten (10) days after a contract has been cancelled as provided in KRS
Terms Used In Kentucky Statutes 367.626
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
367.622, a roofing contractor shall tender to the payor any payments, partial payments, or deposits made, and any note or other evidence of indebtedness, except as provided in subsection (3) of this section.
(3) A roofing contractor that performs any repair services authorized by the owner of residential real estate, 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 repair services performed.
(4) Any provision in a contract executed on or after July 12, 2012, for the repair of a roof system of residential real estate, as provided in KRS § 367.620 to KRS § 367.628, that requires the payment of any fee, except for repair services performed under subsection (3) of this section, shall not be enforceable against any person who has cancelled a contract under KRS § 367.622.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 97, sec. 4, effective July 12, 2012.