{"data":{"id":"us-ky/krs-411.276","jurisdiction":"us-ky","citation":"KRS 411.276","heading":"Written notice of claim required -- Offer to remedy or settle -- Acceptance","body":"or rejection of offer -- Tolling of statute of limitations.\n(1) In every deficient home inspection or home inspection report action brought against\na home inspector, the claim ant shall serve written notice of claim on the home\ninspector. The notice of claim shall state that the claimant asserts a deficient home\ninspection or home inspection report claim against the home inspector and shall\ndescribe the claim in reasonable detai l sufficient to determine the general nature of\nthe deficiency.\n(2) Within twenty-one (21) days after service of the notice of claim, the home inspector\nshall serve a written response on the claimant by registered mail or personal service.\nThe written response shall:\n(a) Propose to inspect the residence that is the subject of the claim and to\ncomplete the inspection within a specified time frame. The proposal shall\ninclude the statement that the home inspector shall, based on the inspection,\noffer to remedy the defect, compromise by payment, or dispute the claim;\n(b) Offer to compromise and settle the claim by monetary payment without\ninspection; or\n(c) State that the home inspector disputes the claim.\n(3) (a) If the home inspector disputes the claim or does  not respond to the claimant's\nnotice of claim within the time stated in subsection (2) of this section, then the\nclaimant may bring an action against the home inspector for the claim\ndescribed in the notice of claim without further notice.\n(b) If the claimant rejects the inspection proposal or the settlement offer made by\nthe home inspector pursuant to subsection (2) of this section, then the claimant\nshall serve written notice of the claimant's rejection on the home inspector.\nAfter service of the rejecti on, the claimant may bring an action against the\nhome inspector for the deficient home inspection or home inspection report\nclaim described in the notice of claim. If the home inspector has not received\nfrom the claimant, within thirty (30) days after the claimant's receipt of the\nhome inspector's response, either an acceptance or a rejection of the inspection\nproposal or settlement offer, then at any time thereafter the home inspector\nmay terminate the proposal or offer by serving written notice to the cla imant,\nand the claimant may thereafter bring an action against the home inspector for\nthe deficient home inspection or home inspection report claim described in the\nnotice of claim.\n(4) (a) If the claimant elects to allow the home inspector to inspect in a ccordance\nwith the home inspector's proposal pursuant to subsection (2)(a) of this\nsection, then the claimant shall provide the home inspector reasonable access\nto the claimant's home during normal working hours to inspect the premises.\n(b) Within fourteen (14) days following completion of the inspection, the home\ninspector shall serve on the claimant:\n1. A written offer to remedy the defect at no cost to the claimant, including\na report of the scope of the inspection, the findings and results of the\ninspection, a description of the remedy necessary to cure the defect\ndescribed in the claim, and a timetable for the completion of this\nremedy;\n2. A written offer to compromise and settle the claim by monetary payment\npursuant to subsection (2)(b) of this section; or\n3. A written statement that the home inspector will not proceed further to\nremedy the defect.\nThe claimant shall have the right to accept or reject the proposed remedy, or\nthe monetary offer to settle the claim.\n(c) If the home inspector does not proceed further to remedy the defect within the\nagreed timetable, or if the home inspector fails to comply with the provisions\nof paragraph (b) of this subsection, then the claimant may bring an action\nagainst the home inspec tor for the claim described in the notice of claim\nwithout further notice.\n(d) If the claimant rejects the offer made by the home inspector pursuant to\nparagraph (b)1. or 2. of this subsection to either remedy the defect or to\ncompromise and settle the claim by monetary payment, then the claimant shall\nserve written notice of the claimant's rejection on the home inspector. After\nservice of the rejection notice, the claimant may bring an action against the\nhome inspector for the deficient home inspection or home inspection report\nclaim described in the notice of claim. If the home inspector has not received\nfrom the claimant, within thirty (30) days after the claimant's receipt of the\nhome inspector's response, either an acceptance or a rejection of the offer\nmade pursuant to paragraph (b)1. or 2. of this subsection, then at any time\nthereafter the home inspector may terminate the offer by serving written notice\nto the claimant.\n(5) (a) Any claimant accepting the offer of a home inspector to remedy the defect\npursuant to subsection (4)(b)1. of this section shall do so by serving the home\ninspector with a written notice of acceptance within a reasonable time period\nafter receipt of the offer, and no later than thirty (30) days after receipt of the\noffer. The claimant shall provide the home inspector reasonable access to the\nclaimant's home during normal working hours to perform and complete the\nremedy by the timetable stated in the offer.\n(b) The claimant and home inspector may, by written mutual agreement, alter  the\nextent of remedy or the timetable, including but not limited to repair of\nadditional defects.\n(6) If a claimant files a complaint, counterclaim, or cross -claim prior to meeting the\nrequirements of this section, then the court may issue an order holdin g the action in\nabeyance until the parties comply with this section.\n(7) Nothing in this section may be construed to prevent a claimant from commencing\nan action on the deficient home inspection or home inspection report claim\ndescribed in the notice of cl aim if the home inspector fails to perform the remedy\nagreed upon or fails to perform by the timetable agreed upon pursuant to subsection\n(2)(a) or (5) of this section.\n(8) The service of an amended notice of claim shall relate back to the original notice of\nclaim for purposes of tolling statutes of limitations and repose.","path":["KRS Chapter 411"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17805","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:35Z","sha256":"668276f366c2b1579ac582d9ee14b5f72daf8635be483447621ac3576be8cde9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-411.274","next":"us-ky/krs-411.278"},"notice":"GroundRules: Original legal text. Not legal advice."}