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411.270 Definitions for KRS 411.270 to 411.282.
As used in KRS 411.270 to 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).
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