{"data":{"id":"us-ky/krs-190.062","jurisdiction":"us-ky","citation":"KRS 190.062","heading":"Action for damages -- Power of commission -- Applicability of chapter and","body":"KRS Chapter 190A -- Written demand for mediation required before civil\naction involving recreational vehicle franchise issues may be brought.\n(1) Notwithstanding the terms, provisions, or conditions of any agreement or franchise,\nor the terms or provisions of any waiver, any person who is injured in his business\nor property by a violation of this section or any person so injured because he refuses\nto accede to a proposal for an  arrangement which, if consummated, would be in\nviolation of this section, may bring a civil action in the Franklin Circuit Court to\nenjoin further violations, to recover the actual damages sustained by him, together\nwith costs of the suit, including a reasonable attorney's fee.\n(2) The commission may order, deny, suspend, or revoke the license of any new motor\nvehicle dealer, new recreational vehicle dealer, manufacturer, distributor, factory\nbranch, or factory representative for failing to comply with any  provisions of KRS\n190.010 to 190.080 or KRS Chapter 190A, as such provisions apply, respectively,\nto new motor vehicle dealers, new recreational vehicle dealers, manufacturers,\ndistributors, factory branches, or factory representatives; or in lieu thereof , or in\naddition thereto, may assess monetary penalties of a civil nature not to exceed one\nthousand dollars ($1,000) for each violation.\n(3) The provisions of KRS 190.010 to 190.080 and KRS Chapter 190A, as such\nprovisions apply, respectively, to new moto r vehicle dealers, new recreational\nvehicle dealers, manufacturers, distributors, factor branches, or factory\nrepresentatives, shall apply to all persons required to be licensed under the terms\nherein, and to dealerships and contracts between new motor veh icle dealers, new\nrecreational vehicle dealers, and manufacturers, distributors, factory branches, or\nfactory representatives at the time of its passage, and to all such future new motor\nvehicle dealerships and contracts.\n(4) (a) In addition to the provisi ons of this section, before a civil action involving\nrecreational vehicle franchise issues is brought, the party bringing suit for an\nalleged violation of this chapter shall serve a written demand for mediation on\nthe offending party. The demand for mediat ion shall include a brief statement\nof the dispute and the relief sought by the party making the demand. The party\nmaking the demand shall serve the demand by certified mail to one (1) of the\nfollowing addresses:\n1. In an action between a new recreational vehicle dealer and a\nmanufacturer, the address stated in the dealer agreement between the\nparties;\n2. In an action between a new recreational vehicle dealer and a warrantor\nthat is not a manufacturer, the address stated in any agreement between\nthe parties; or\n3 In an action between two (2) new recreational vehicle dealers, the\naddress of the offending dealer in the records of the commission.\n(b) Within twenty (20) days after a demand for mediation is served under this\nsubsection, the parties shall mutually  select an independent mediator who is\napproved by the commission and meet with that mediator for the purpose of\nattempting to resolve the dispute at a location in this state selected by the\nmediator. The mediator may extend the date of the meeting for goo d cause\nshown by either party or if the parties agree to the extension.\n(c) The service of a demand for mediation under this subsection tolls the time for\nthe filing of any complaint, petition, protest, or other action under this chapter\nuntil representati ves of both parties have met with the mediator selected\npursuant to paragraph (b) of this subsection for the purpose of attempting to\nresolve the dispute. If a complaint, petition, protest, or other action is filed\nbefore that meeting, the court shall ente r an order suspending the proceeding\nor action until the mediation meeting has occurred and may, if all the parties\nto the proceeding or action stipulate in writing that they wish to continue to\nmediate under this subsection, enter an order suspending the proceeding or\naction for as long a period as the court considers appropriate.\n(d) Each of the parties to the mediation under this subsection is responsible for its\nown attorney fees. The parties shall equally divide the cost of the mediator.","path":["KRS Chapter 190"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43567","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:45Z","sha256":"e73760e3677c66c1504dadfe4f32041cd9299d9f78f4726d843fcc7ae0fcf387","source_id":"us-ky","stale":false,"prev":"us-ky/krs-190.061","next":"us-ky/krs-190.063"},"notice":"GroundRules: Original legal text. Not legal advice."}