2018 Kentucky Revised Statutes CHAPTER 376 - STATUTORY LIENS .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.
Download as PDF
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
(b)
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
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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.