Quick answer: Kentucky sellers of residential property must give buyers a completed Seller’s Disclosure of Property Condition form under KRS 324.360, disclosing known defects in the structure, systems, water, and other listed items. Failure to disclose a known material defect can support claims for fraud or misrepresentation after closing, even where the contract says the…
Quick answer: Commercial lease disputes in Kentucky are governed by the lease itself and general contract law, not the residential protections of KRS Chapter 383. The lease controls maintenance, default, cure periods, remedies, assignment, and personal guarantees, and courts enforce what sophisticated parties agreed to. Read the lease before the dispute, not after. Commercial leases…
Quick answer: A spinal cord injury from a Kentucky car crash supports a claim against the at-fault driver for medical costs, future care, lost earning capacity, and pain and suffering, with no cap on damages. The injury easily clears the no-fault threshold, and because policy limits rarely match the losses, identifying every liable party and…
Quick answer: Yes, Kentucky lenders can obtain a deficiency judgment for the difference between the mortgage balance and the foreclosure sale price, and then collect it through garnishment and liens like any other judgment. Defenses include challenges to the sale price, the fair value of the property, and the lender’s compliance with the foreclosure process,…
Quick answer: Kentucky’s homestead exemption, KRS 427.060, protects up to $5,000 of equity in your primary residence from most judgment creditors. It does not stop a mortgage lender, tax authority, or purchase-money creditor, and it is small enough that homeowners with significant equity should not rely on it alone. If you own a home in…
Quick answer: A Kentucky employer is vicariously liable for an employee’s negligent acts committed within the scope of employment under respondeat superior, even if the employer did nothing wrong. Intentional acts and personal detours usually fall outside the scope, and independent contractors generally do not create vicarious liability, but employers can be directly liable for…
Quick answer: Under the FLSA and KRS 337.285, non-exempt Kentucky employees must be paid one and one-half times their regular rate for all hours over forty in a workweek. An employer that fails to do so owes the back overtime, an equal amount in liquidated damages, and attorney’s fees, for two years of violations or…
Quick answer: Kentucky has no state gift tax; lifetime gifts are taxed, if at all, only under the federal gift tax, and most gifts fall within the annual exclusion or the large lifetime exemption. Kentucky does impose an inheritance tax at death on transfers to non-exempt beneficiaries, and gifts made in contemplation of death can…
Quick answer: Summary judgment under CR 56 lets a Kentucky court decide a case, or part of it, without trial when there is no genuine issue of material fact. Kentucky’s standard is demanding: the moving party must show it would be impossible for the opponent to produce evidence at trial warranting a judgment in its…
Quick answer: A buy-sell agreement is a contract among business owners that sets who can buy a departing owner’s interest, what events trigger a buyout (death, disability, divorce, departure, or deadlock), how the price is determined, and how it is funded. Kentucky businesses without one risk ending up in partnership with an owner’s heirs, ex-spouse,…