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Do builders in the state of Kentucky have to disclose construction defects to the buyer if they were repaired?

On October 12, 2009 / By Real Estate Law Help / In Kentucky-Real-Estate-Law / No Comments

I purchased a new "market home" 3 months ago. The builder built the home and sold it to me. We do have the 1 year builders warranty on the home but have found that during construction the foundation walls in the basement were cracked ( 9 feet long 1 inch wide). This was discovered when we had to have the foundation walls repaired again for another crack just as long but only about 1/4 of an inch wide. We feel that the builder should have disclosed to us the previous defect but told us that builders do not have to disclose this information, but I will have to when I sell the home. I am looking to see if anyone out there knows the laws in this state. I spoke to the real estate commissioner in our state and was told that if it is a defect than it has to be disclosed but if it is repaired than it is no longer a defect so it did not have to be disclosed to me. On the other hand if I sell the house I have to disclose the defect even though the crack has been repaired because it is still defective according to the law. I am so confused that I am looking for help. I have contacted an attorney and was told the same thing I have a case if I can prove it was a defect actually existed and that it was in fact a defect.

Need legal advice in Real Estate law?

On November 14, 2008 / By Real Estate Law Help / In Kentucky-Real-Estate-Law / 8 Comments

We just purchased a home and property in Kentucky and the previous owners have not turned over the keys to the home to us. They have moved and are residing in a new house, they still have a few things in an outbuilding. We need to know if we can go ahead and legally enter the premises without having a key?
This was a straight cash deal and they had 60 days to move! Time is now up and no we don’t want they’re stuff,just want to get in before weather changes

Where can I find a contract for the sale of a new home in Kentucky?

On September 25, 2008 / By Real Estate Law Help / In Kentucky-Real-Estate-Law / 4 Comments

I do not have a real estate license, but I want the contract to comply with any and all Kentucky laws regarding new home sales.

In Kentucky, can the buyer in a real estate contract assign the contract to someone else w/o informing seller?

On January 8, 2008 / By Real Estate Law Help / In Kentucky-Real-Estate-Law / 4 Comments

I have a contract to sell property to a certain individual. The agreed upon closing date with this person was March 22, 2007. On March 23, 2007, I found out that the closing did not take place and that the contract had been assigned to another buyer. Is this legal? Only persons with knowledge of applicable Kentucky law answer, please. Many thanks and may God bless you.
Thanks for the quick first answer! There is no assignment clause in the contract. However, my agent, whom I suspect of not accurately representing my interests, indicated that her attorney told her that there is a statute in the Commonwealth of Kentucky that supercedes the contract and which indicates that real estate contracts can be assigned without the consent of the other parties.