KRS 411.278: Notice of home inspector's right to cure before commencement of litigation

-- Action not barred if home inspector fails to give notice.

(1) The home inspector shall, upon entering into a contract for the inspection of a

building or residence, provide notice to each client of the home inspector's right to

offer to cure a deficient home inspection or home inspection report before a client

may commence litigation against the home inspector. The notice shall be

conspicuous and may be included as part of th e underlying contract signed by the

client.

(2) The notice required by this section shall be in substantially the following form:

"CHAPTER 411 OF THE KENTUCKY REVISED STATUTES CONTAINS

IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY

FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE HOME

INSPECTOR OF YOUR RESIDENCE. YOU MUST DELIVER TO YOUR

HOME INSPECTOR A WRITTEN NOTICE OF ANY CONDITIONS YOU

ALLEGE THAT YOUR HOME INSPECTOR FAILED TO INCLUDE IN THE

HOME INSPECTION REPORT AND PROVIDE YOUR HOME INSP ECTOR

THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE

DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY

THE HOME INSPECTOR. THERE ARE STRICT DEADLINES AND

PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM

MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT."

(3) KRS 411.270 to 411.282 shall not preclude or bar any action if notice is not given

to the client as required by this section.