Kentucky Statutes 367.624 – Roofing contractor’s duty to disclose cancellation rights and provide standard form
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Prior to entering into a contract on or after July 12, 2012, for the provision of goods or services relating to the repair or replacement of any part of a roof system of residential real estate as provided in KRS § 367.622, a roofing contractor shall furnish the owner of the residential real estate with:
(1) The mailing address of the roofing contractor through which written communication may be received;
(2) The telephone number of the roofing contractor and, if applicable, the facsimile number and e-mail address;
(3) A statement in at least ten (10) point boldface type that states:
“You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation you may have under state or federal law or regulation. See the attached Notice of Cancellation form for an explanation of this right.”; and
(4) A fully completed form in duplicate, under the conspicuous caption “NOTICE OF CANCELLATION,” and attached to but easily detachable from the contract, in at least ten (10) point boldface type that shall read as follows:
“NOTICE OF CANCELLATION
………………………………………………. (enter date of transaction)
If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel this contract without penalty or monetary obligation before midnight of the fifth business day after you have received notice from your insurer. To cancel this transaction you may use any of the following methods: mail or otherwise deliver a signed and dated copy of this cancellation notice, or any other written notice of cancellation which you sign and date, to (enter physical address of roofing contractor), or e-mail a notice of cancellation to (enter e-mail address of roofing contractor), or transmit a notice of cancellation to (enter facsimile number of roofing contractor), not later than midnight of the fifth day after you receive notice from your insurer.
I HEREBY CANCEL THIS TRANSACTION.
……………………………………………….. (Date)
……………………………………………….. (Buyer’s Signature)”
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 97, sec. 3, effective July 12, 2012.
(1) The mailing address of the roofing contractor through which written communication may be received;
Terms Used In Kentucky Statutes 367.624
- Contract: A legal written agreement that becomes binding when signed.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) The telephone number of the roofing contractor and, if applicable, the facsimile number and e-mail address;
(3) A statement in at least ten (10) point boldface type that states:
“You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation you may have under state or federal law or regulation. See the attached Notice of Cancellation form for an explanation of this right.”; and
(4) A fully completed form in duplicate, under the conspicuous caption “NOTICE OF CANCELLATION,” and attached to but easily detachable from the contract, in at least ten (10) point boldface type that shall read as follows:
“NOTICE OF CANCELLATION
………………………………………………. (enter date of transaction)
If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel this contract without penalty or monetary obligation before midnight of the fifth business day after you have received notice from your insurer. To cancel this transaction you may use any of the following methods: mail or otherwise deliver a signed and dated copy of this cancellation notice, or any other written notice of cancellation which you sign and date, to (enter physical address of roofing contractor), or e-mail a notice of cancellation to (enter e-mail address of roofing contractor), or transmit a notice of cancellation to (enter facsimile number of roofing contractor), not later than midnight of the fifth day after you receive notice from your insurer.
I HEREBY CANCEL THIS TRANSACTION.
……………………………………………….. (Date)
……………………………………………….. (Buyer’s Signature)”
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 97, sec. 3, effective July 12, 2012.