KRS 367.626: Definition of "emergency goods or services" -- Advance payments

prohibited during cancellation period -- Return of payments or notes of

indebtedness -- Unenforceable contract provisions -- Contractor's right to

collect reasonable amount for goods and services provided.

(1) As used in this section, "emergency goods or services" means goods, services, or

goods and services to immediately respond to a sudden, unexpected occurrence that

poses a clear and imminent danger requiring immediate a ction to prevent or

mitigate the loss or impairment of life, health, property, or essential public services.

(2) Except as provided in subsection (3) of this section:

(a) A contractor shall:

1. Not require any advance payments under a real estate goods or services

contract until the cancellation period provided in KRS 367.622 has

expired; and

2. Tender to the payor any payments, partial payments, or deposits made,

and any note or other evidence of indebtedness provided, to the

contractor under a real estate goods or services contract within ten (10)

days after the contract has been cancelled under KRS 367.622; and

(b) 1. A real estate goods or services contract shall not be enforceable against

any person who entered into the contract with the contractor if t he

contract:

a. Has been cancelled under KRS 367.622; or

b. Contains a price that violates KRS 367.374.

2. A person shall not be required to pay a cancellation fee or any other fee

contained in, or required under, a contract that is not enforceable against

the person under subparagraph 1. of this paragraph.

(3) A contractor that provides any repair services or emergency goods or services

authorized under a real estate goods or services contract that is not enforceable by

the contractor under subsection (2)(b) of this section, including but not limited to

repair services necessary to prevent further damage to the premises, shall be entitled

to collect a reasonable and customary amount for the goods, services, or goods and

services provided.