2014 Kentucky Revised Statutes CHAPTER 411 - RIGHTS OF ACTION AND SURVIVAL OF ACTIONS 411.276 Written notice of claim required -- Offer to remedy or settle -- Acceptance or rejection of offer -- Tolling of statute of limitations.
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411.276 Written notice of claim required -- Offer to remedy or settle -Acceptance or rejection of offer -- Tolling of statute of limitations.
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In every deficient home inspection or home inspection report action brought
against a home inspector, the claimant shall serve written notice of claim on
the home inspector. The notice of claim shall state that the claimant asserts a
deficient home inspection or home inspection report claim against the home
inspector and shall describe the claim in reasonable detail sufficient to
determine the general nature of the deficiency.
Within twenty-one (21) days after service of the notice of claim, the home
inspector shall serve a written response on the claimant by registered mail or
personal service. The written response shall:
(a) Propose to inspect the residence that is the subject of the claim and to
complete the inspection within a specified time frame. The proposal shall
include the statement that the home inspector shall, based on the
inspection, offer to remedy the defect, compromise by payment, or
dispute the claim;
(b) Offer to compromise and settle the claim by monetary payment without
inspection; or
(c) State that the home inspector disputes the claim.
(a) If the home inspector disputes the claim or does not respond to the
claimant's notice of claim within the time stated in subsection (2) of this
section, then the claimant may bring an action against the home inspector
for the claim described in the notice of claim without further notice.
(b) If the claimant rejects the inspection proposal or the settlement offer
made by the home inspector pursuant to subsection (2) of this section,
then the claimant shall serve written notice of the claimant's rejection on
the home inspector. After service of the rejection, the claimant may bring
an action against the home inspector for the deficient home inspection or
home inspection report claim described in the notice of claim. If the home
inspector has not received from the claimant, within thirty (30) days after
the claimant's receipt of the home inspector's response, either an
acceptance or a rejection of the inspection proposal or settlement offer,
then at any time thereafter the home inspector may terminate the
proposal or offer by serving written notice to the claimant, and the
claimant may thereafter bring an action against the home inspector for the
deficient home inspection or home inspection report claim described in
the notice of claim.
(a) If the claimant elects to allow the home inspector to inspect in accordance
with the home inspector's proposal pursuant to subsection (2)(a) of this
section, then the claimant shall provide the home inspector reasonable
access to the claimant's home during normal working hours to inspect the
premises.
(b) Within fourteen (14) days following completion of the inspection, the
home inspector shall serve on the claimant:
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A written offer to remedy the defect at no cost to the claimant,
including a report of the scope of the inspection, the findings and
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results of the inspection, a description of the remedy necessary to
cure the defect described in the claim, and a timetable for the
completion of this remedy;
2.
A written offer to compromise and settle the claim by monetary
payment pursuant to subsection (2)(b) of this section; or
3.
A written statement that the home inspector will not proceed further
to remedy the defect.
The claimant shall have the right to accept or reject the proposed remedy,
or the monetary offer to settle the claim.
(c) If the home inspector does not proceed further to remedy the defect
within the agreed timetable, or if the home inspector fails to comply with
the provisions of paragraph (b) of this subsection, then the claimant may
bring an action against the home inspector for the claim described in the
notice of claim without further notice.
(d) If the claimant rejects the offer made by the home inspector pursuant to
paragraph (b)1. or 2. of this subsection to either remedy the defect or to
compromise and settle the claim by monetary payment, then the claimant
shall serve written notice of the claimant's rejection on the home
inspector. After service of the rejection notice, the claimant may bring an
action against the home inspector for the deficient home inspection or
home inspection report claim described in the notice of claim. If the home
inspector has not received from the claimant, within thirty (30) days after
the claimant's receipt of the home inspector's response, either an
acceptance or a rejection of the offer made pursuant to paragraph (b)1. or
2. of this subsection, then at any time thereafter the home inspector may
terminate the offer by serving written notice to the claimant.
(a) Any claimant accepting the offer of a home inspector to remedy the
defect pursuant to subsection (4)(b)1. of this section shall do so by
serving the home inspector with a written notice of acceptance within a
reasonable time period after receipt of the offer, and no later than thirty
(30) days after receipt of the offer. The claimant shall provide the home
inspector reasonable access to the claimant's home during normal
working hours to perform and complete the remedy by the timetable
stated in the offer.
(b) The claimant and home inspector may, by written mutual agreement, alter
the extent of remedy or the timetable, including but not limited to repair of
additional defects.
If a claimant files a complaint, counterclaim, or cross-claim prior to meeting the
requirements of this section, then the court may issue an order holding the
action in abeyance until the parties comply with this section.
Nothing in this section may be construed to prevent a claimant from
commencing an action on the deficient home inspection or home inspection
report claim described in the notice of claim if the home inspector fails to
perform the remedy agreed upon or fails to perform by the timetable agreed
upon pursuant to subsection (2)(a) or (5) of this section.
The service of an amended notice of claim shall relate back to the original
notice of claim for purposes of tolling statutes of limitations and repose.
Effective:July 13, 2004
History: Created 2004 Ky. Acts ch. 109, sec. 24, effective July 13, 2004.
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