Title XXIX, Commerce and Trade

Unless the context otherwise requires, the following terms shall mean: (1) "Recreational and retirement use" land means that land which is sold and promoted with primary emphasis on the land's value for recreational purposes or for retirement purposes. In order to carry out the p…

(1) In the sale or offering for sale of any subdivision which is primarily directed toward recreational or retirement use, in the sale of which any improvements are advertised but not completed, or which are completed but for which supplies of labor and material have not been pai…

It shall be unlawful for any subdivider to offer for sale recreational or retirement use land in which the improvements as described in KRS 367.474(1) have not been made unless the provisions of all of KRS 367.474 have been met.

(1) In the sale of any interest subject to KRS 367.472, 367.474, 367.4774, 367.4776, 367.4778, 367.484, 367.993, and this section, the subdivider shall present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the tr…

(1) In addition to any right otherwise to revoke an offer, the buyer has the right to cancel a purchase of an interest from a subdivider until midnight of the fifth business day after the day on which the buyer signs an agreement or offer to purchase which is subject to KRS 367.4…

Rights of cancellation may not be waived or otherwise surrendered.

(1) For any recreational and retirement use land physically located in this state, maintenance fees paid shall be held in trust by the seller of recreational and retirement use land for the benefit of the owners of individual interests. The fees shall be deposited into a separate…

(1) Any natural person who purchases recreational and retirement use land for personal, family, or household purposes shall have an easement for the use of any common areas, undeveloped land, improvements, or amenities which are part of the development in which the person has pur…

liability. Any holder or assignee of a consumer credit contract shall be subject to the claims and defenses that the consumer has against the seller or lessor of recreational and retirement use land notwithstanding whether the sale or lease is for a specific portion of real prope…

(1) Persons offering for sale recreational and retirement use land as defined in KRS 367.472(1) shall register with the Attorney General. The Attorney General, after ascertaining that the applicant has complied with KRS 367.474, shall issue a registration number to the person, wh…

Within ten (10) days after a sale of interest has been canceled or an offer to purchase revoked, the subdivider shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.

The Attorney General shall promulgate administrative regulations which will ensure an adequate disclosure to the purchaser of recreational and retirement use land the probable costs of any necessary maintenance of improvements of such land which may accrue in the future, or lease…

No lots or property shall be sold which are primarily to be used for recreation and retirement use, unless the road system and grading to all such lots are completed in such a manner as to allow a full and complete ingress and egress.

remedies of Consumer Protection Act -- Authority to promulgate administrative regulations. (1) When the Attorney General has reason to believe that any person is offering recreational and retirement use land for sale in violation of KRS 367.470 to 367.486 or any administrative re…

Subdividers subject to and complying with 15 U.S.C. secs. 1701-1720, "Interstate Land Sale Full Disclosure Act" as currently administered by the Office of Interstate Land Sales Registration of the United States Department of Housing and Urban Development shall during the continua…

The General Assembly finds that the objective of underground facility damage prevention and the resulting benefits of public and workplace safety and protection of consumer services require an effective underground damage prevention procedure. KRS 367.4901 to 367.4917, which may …

As used in KRS 367.4903 to 367.4917: (1) "Underground facility" means an underground line or system used for producing, storing, conveying, transmitting, or distributing telecommunications, electricity, gas, petroleum, petroleum products, cable television, hazardous liquids, wate…

367.4905 to 367.4917. A permit issued pursuant to law authorizing excavation or demolition work shall not relieve a person from the responsibility for complying with KRS 367.4905 to 367.4917.

work. Every person who engages in nonemergency timber harvesting using mechanized equipment, excavation, or demolition work shall conform to KRS 367.4905 to 367.4917. Compliance with excavator and operator notification requirements of KRS 367.4905 to 367.4917 shall not be require…

Kentucky Contact Center -- Report of excavation damage – Duties of operators upon receiving requests -- Rejection of design information request -- Color coding for temporary underground facility markers -- Operator's inability to comply due to extraordinary circumstances -- Under…

notification center of work schedule -- Duties of entities responsible for excavation and demolition. (1) (a) Each excavator, or person responsible for an excavation, planning excavation, or demolition work shall, not less than two (2) full working days nor more than ten (10) ful…

Contact Center -- Kentucky Contact Center to serve all counties. (1) All protection notification centers shall: (a) Provide locate request services during working days and provide an emergency contact number for incidents occurring outside the working day; (b) Provide a positive …

Except as provided in KRS 367.4911(9), the requirements of KRS 367.4905 to 367.4917 shall not apply to the following: (1) Excavation by an operator on its own easement except where that easement is crossed by another operator's facilities; (2) Routine road maintenance or railroad…

by Public Service Commission -- Written agreement form -- Administrative regulations. (1) An excavator who fails to comply with any provision of KRS 367.4911, or an operator who fails to comply with any provision of KRS 367.4909 may be subject to a civil penalty of two hundred fi…

geographical location prohibited - Application. (1) A person may not misrepresent the geographical location of a business that derives fifty percent (50%) or more of its gross income from the sale or arranging for the sale of flowers or floral arrangements in the listing of the b…

As used in KRS 367.513 to 367.530 unless the context requires otherwise, "solicitor" means any person engaged in the business of soliciting orders for magazines, periodicals, encyclopedias, books, Bibles, or other printed matter or material on a subscription basis and payable on …

Information required. Beginning July 1, 1974, every solicitor shall register annually with the county clerk of the county in which such solicitations are to occur and shall furnish to the county clerk the following information: (1) Whether solicitations shall be made in person or…

(1) Upon registration, every solicitor shall pay the county clerk a fee pursuant to KRS 64.012, and the county clerk shall issue the solicitor a numbered receipt to be effective for a period of one (1) year from the date of registration. (2) Prior to actual solicitation, the soli…

All orders or contracts for magazines, periodicals, encyclopedias, books, Bibles, or other printed matter or material shall be void and unenforceable at the option of the purchaser if the person or persons soliciting such order or contract is in violation of the provisions of KRS…

All county clerks in the Commonwealth shall maintain a book or other similar record on a permanent basis containing the registrations and other information required to be filed under KRS 367.513. Said book shall be a public record.

All magazines excluding newspapers mailed into and received in Kentucky shall have included on the label affixed to the magazine or its mailing wrapper the expiration date of the subscriber's subscription written so as to be understandable to an average subscriber.

(1) Any person who enters military service or a member of the Armed Forces of the United States, Reserves, or National Guard, after receiving official orders to relocate for a period of service of no less than ninety (90) days, may terminate or suspend, without penalty or fee, an…

For purposes of KRS 367.570 to 367.585 unless the context requires otherwise: (1) "Negative option plan" means a contractual plan or arrangement under which a seller periodically sends to subscribers an announcement which identifies merchandise (other than annual supplements to p…

(1) In connection with the sale, offering for sale, or distribution of goods and merchandise in "trade" or "commerce" as defined by KRS 367.110(2), it is an unfair, false, misleading and deceptive practice as prohibited by KRS 367.170 for a seller in connection with the use of an…

(1) In connection with the use of any negative option plan, promotional material shall clearly and conspicuously disclose the material terms of the plan, including: (a) That aspect of the plan under which the subscriber must notify the seller, in the manner provided for by the se…

(1) No seller in connection with the use of a negative option plan shall refuse to credit, for the full invoiced amount thereof, the return of any selection sent to a subscriber, and to guarantee to the postal service or the subscriber postage adequate to return such selection to…

As used in KRS 367.610: (1) "Person" means an individual, corporation, or any other business organization. (2) "Consumer" means a natural person who seeks or acquires goods or services for personal, family, or household use. (3) "Creditor" means a person who, in the ordinary cour…

seller or lessor -- Exception. (1) With respect to any consumer credit contract taken in connection with any purchase money loan or any sale or lease of goods or services other than credit card transaction, an assignee of the rights of the seller or lessor is subject to all defen…

As used in KRS 367.620 to 367.628: (1) "Contractor": (a) Means a person that engages in the business of contracting, providing, or offering to contract or provide, goods or services relating to real estate; and (b) Includes any person that directly or indirectly solicits or offer…

In the event of a conflict between KRS 367.620 to 367.628 and any other law, KRS 367.620 to 367.628 shall control.

of cancellation. (1) A person who enters into a real estate goods or services contract with a contractor may cancel the contract prior to midnight of the fifth business day after the person has received written notice from the insurer that all or part of the claim is not a covere…

form. Prior to entering into a real estate goods or services contract with any person, a contractor shall furnish the person with: (1) The mailing address of the contractor through which written communication may be received; (2) The telephone number of the contractor and, if app…

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, se…

recovery of actual economic damages -- Civil penalty. (1) The Attorney General shall enforce KRS 367.620 to 367.628. (2) All of the remedies, powers, and duties provided to the Attorney General under KRS 367.110 to 367.300, and the penalties provided in KRS 367.990, pertaining to…

(1) (a) Except as provided in paragraph (c) of this subsection, a contractor, or person representing a contractor, shall not: 1. Represent, negotiate, or advertise to represent or negotiate, as a public adjuster or otherwise, on behalf of any insured on any insurance claim in con…

As used in KRS 367.630 to 367.638: (1) "Commercial recording or audiovisual work" means a recording or work whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate the recording for sale, rental, performance, or exhibition to the public, in…