2014 Kentucky Revised Statutes CHAPTER 376 - STATUTORY LIENS 376.075 Engineers', architects', landscape architects', real estate brokers', and land surveyors' liens -- When lien not required of real estate broker -- Filing statement of amount claimed.
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376.075 Engineers', architects', landscape architects', real estate brokers',
and land surveyors' liens -- When lien not required of real estate broker -Filing statement of amount claimed.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Any professional engineer, licensed architect, licensed landscape architect,
real estate broker, or professional land surveyor who performs professional
services or services as defined in KRS 322.010(4) for professional engineers,
KRS 323.010(3) for architects, KRS 323A.010(3) for landscape architects, KRS
324.010(1) for real estate brokers, and KRS 322.010(10) for professional land
surveyors shall have a lien on the building, structure, land, or project relative to
which the services were performed, to secure the amount of the charges for
services with interest as provided in KRS 360.040 and costs.
The provisions of KRS 376.010(1) and (2) shall determine when a lien created
under this section shall take precedence over a mortgage or other contract lien
or bona fide conveyance for value without notice.
No person who has not contracted directly with the owner or his agent shall
acquire a lien under this section.
Any lien provided for under this section shall be dissolved unless the claimant,
within six (6) months after he ceases to provide services, files in the office of
the county clerk of the county in which the property is situated a statement of
the amount due the claimant, with all just credits and setoffs known to him,
together with a description of the property intended to be covered by the lien
sufficiently accurate to identify it, the name of the owner, if known, and whether
the services were furnished by contract with the owner or with a contractor or
architect. This statement shall be subscribed and sworn to by the person
claiming the lien or by someone in his behalf.
Any lien created under this section shall be dissolved unless an action is
brought to enforce the lien within twelve (12) months from the day of filing the
statement in the clerk's office as required by subsection (4) of this section. If
the lienholder complies with all filing requirements under this section, and does
so within the time fixed, his lien shall be valid and effective against any creditor
of, or bona fide or other purchaser from, the owner of the property.
The provisions of this section shall in no way abridge or conflict with the
provisions of KRS 376.210 which provide for liens on public improvements, and
any potential lien or valid lien of a professional engineer, architect, landscape
architect, real estate broker, or professional land surveyor on a public
improvement shall be governed by KRS 376.210.
No real estate broker shall acquire a lien under this section relative to newly
constructed residential real estate unless the purchaser has agreed in writing
to directly compensate such broker for performing brokerage services related
to the transaction.
No real estate broker shall acquire a lien under this section unless:
(a) The owner or the owner's authorized agent:
1.
Lists the subject property with the broker under the terms of a
written agreement to sell, lease, or otherwise convey any interest in
the subject property; or
2.
Agrees in a written agreement to pay the broker a fee for his or her
(b)
services as a buyer's representative; and
The broker or the broker's affiliated sales associate provides licensed
services that result, during the term of a written agreement described in
paragraph (a) of this subsection, in the procuring of a person or entity
ready, willing, and able to purchase, lease, or otherwise accept a
conveyance of the property or any interest in the property:
1.
Upon terms contained in a written agreement described in
paragraph (a) of this subsection; or
2.
Upon terms that are otherwise acceptable to the owner or the
owner's authorized agent as evidenced by a written agreement to
convey any interest in the property signed by the owner or the
owner's authorized agent.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 107, sec. 1, effective July 15, 2002. -Amended 1998 Ky. Acts ch. 214, sec. 45, effective January 1, 1999. -- Amended
1992 Ky. Acts ch. 118, sec. 1, effective July 14, 1992. -- Amended 1984 Ky.
Acts ch. 111, sec. 151, effective July 13, 1984. -- Amended 1978 Ky. Acts
ch. 384, sec. 502, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 270,
sec. 1.
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