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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