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Kentucky Contracts Questions & Answers
2 Answers | Asked in Contracts, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: I filed a lawsuit in Federal Court alleging violation of the FHA and lost. Will I have to pay defendant's attorney fees.

Denying my argument that the statute was tolled by discovery and continuing violations, the court granted defendant's 12(b) motion.

James L. Arrasmith
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answered on Mar 28, 2024

In federal court cases, particularly those involving the Fair Housing Act (FHA), the question of whether you'll have to pay the defendant's attorney fees hinges on the specifics of your case and the court's discretion. Typically, the FHA follows the "American Rule," which... View More

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1 Answer | Asked in Consumer Law and Contracts for Kentucky on
Q: If a dealer sold me an RV, that I have not taken possession of, and there is no title, do I have to take it? In Kentucky

The dealer has been less than transparent

James L. Arrasmith
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answered on Feb 23, 2024

In Kentucky, you are not obligated to take possession of an RV from a dealer if there is no title available. It is essential to ensure that all necessary paperwork, including the title, is in order before finalizing the purchase and taking possession of the vehicle. If the dealer has been less than... View More

2 Answers | Asked in Consumer Law and Contracts for Kentucky on
Q: Buy here pay here car lot caused rain damaged to my vehicle whole they were repairing it

It so I left it with them they had it for 2 months I just got it back today and the whole inside of the car is covered in terrible mold it wasn't like that before the car lot left it in the rain what can I do

James L. Arrasmith
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answered on Feb 2, 2024

Facing a situation where your car was left with a buy here pay here car lot, and it returned with mold inside due to being left in the rain is frustrating. Firstly, document the condition of the car before you left it with them, if possible. This will help establish the contrast in the car's... View More

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2 Answers | Asked in Consumer Law and Contracts for Kentucky on
Q: Buy here pay here car lot caused rain damaged to my vehicle whole they were repairing it

It so I left it with them they had it for 2 months I just got it back today and the whole inside of the car is covered in terrible mold it wasn't like that before the car lot left it in the rain what can I do

T. Augustus Claus
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answered on Feb 1, 2024

If a buy here pay here car lot caused rain damage to your vehicle while repairing it, resulting in mold inside the car, you may have legal options to address the situation. First, document the damage by taking photographs and collecting any relevant evidence, such as repair invoices or... View More

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1 Answer | Asked in Contracts for Kentucky on
Q: Can additional legal fees be alleged as a prejudice in opposition to motion to amend complaint?

Defendant states they will be prejudiced by incurring additional legal fees if Court grants filing of second amended complaint. I have not previously attached a copy of the contract to the complaint not expecting Defendant to vacillate between either denying the existence of one or denying the... View More

T. Augustus Claus
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answered on Dec 29, 2023

Alleging prejudice due to additional legal fees is a common argument in legal proceedings. In the context of opposing a motion to amend a complaint, if the defendant claims that allowing the amendment would result in incurring extra legal fees, the court may consider this as a factor. The court... View More

2 Answers | Asked in Contracts for Kentucky on
Q: Can a defendant's attorney feign ignorance to a fact known by them?

I entered into a contract which i believe was breached. Even though I submitted a copy of the contract with the Complaint the defendant's attorney still makes statements like "the purported" contract.

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

No, but simply bc th ou think he is feigning ignorance bc you believe the contract has been breached doesn’t mean it actually has been breached. He’s getting a different story from his client most likely. The language he used is appropriate.

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2 Answers | Asked in Contracts for Kentucky on
Q: Can a defendant's attorney feign ignorance to a fact known by them?

I entered into a contract which i believe was breached. Even though I submitted a copy of the contract with the Complaint the defendant's attorney still makes statements like "the purported" contract.

T. Augustus Claus
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answered on Dec 27, 2023

In the context of a contract dispute in Kentucky, it is not uncommon for a defendant's attorney to use language like "the purported contract" as part of their legal strategy, even if a copy of the contract has been submitted with the Complaint. This may be a rhetorical or procedural... View More

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3 Answers | Asked in Civil Rights, Contracts and Health Care Law for Kentucky on
Q: I was wondering if a pain management office is acting illegally/did an illegal action.

I was discharged as a patient from a pain management office after them telling me that a previous pain management specialist I saw administered a steroid shot wrong and I told them in the portal that I spoke to lawyers for advice but no lawsuit/case was created. It was maybe 1-2 months after I was... View More

Tim Akpinar
Tim Akpinar
answered on Dec 27, 2023

You have the right to see your records. Contact the office and find out why there's a glitch in accessing your records through the portal. If it's not in their control, ask them for a contact in the medical records vendor if there is one - some offices outsource their medical records... View More

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3 Answers | Asked in Civil Rights, Contracts and Health Care Law for Kentucky on
Q: I was wondering if a pain management office is acting illegally/did an illegal action.

I was discharged as a patient from a pain management office after them telling me that a previous pain management specialist I saw administered a steroid shot wrong and I told them in the portal that I spoke to lawyers for advice but no lawsuit/case was created. It was maybe 1-2 months after I was... View More

James L. Arrasmith
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answered on Dec 27, 2023

In Kentucky, your situation raises questions about patient rights and medical records access. If you were discharged from a pain management office and subsequently lost access to your patient portal, it's important to understand your rights regarding medical records.

Under the Health...
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1 Answer | Asked in Contracts, Family Law, Products Liability and Antitrust for Kentucky on
Q: Can my ex get in trouble for putting things in my name and not paying for it?

He put the electric, security system, HD me cosign for his car, ran up my credit cards that I made him a user of, and has bread payments under my name too. I'm afraid he's going to not pay the bills and it'll come back on me. I have a daughter with him and I can't afford it.

Timothy Denison
Timothy Denison
answered on Oct 21, 2024

Not from the narrative you provided. It reads as if you voluntarily took all these actions at his request, including making him a signer on your cards.

1 Answer | Asked in Contracts, Employment Law, Education Law and Government Contracts for Kentucky on
Q: Is it legal for my school to not allow staff to leave the campus to go get lunch for ourselves?

Our school has made a district wide decision that no staff member is allowed to leave the campus during our lunch time to go and get food. We have been told that our community has complained that we don't work enough.

Timothy Denison
Timothy Denison
answered on Sep 23, 2024

Most likely yes. You’d need to look at the collective bargaining l agreement (if there is one) to find the answer.

1 Answer | Asked in Contracts and Criminal Law for Kentucky on
Q: Can a previous owner of a boat legally file for a lost title if the original wasn't transferred in Kentucky?

I purchased a boat. I misplaced the title and found it months later. I took it to the county clerks office to have it transferred and they informed me that the previous owner had filed for a lost title a few weeks prior. The previous owner was paid in full. I still have the original title signed... View More

Timothy Denison
Timothy Denison
answered on Sep 11, 2024

You will likely have to sue the previous owner to quiet title to the boat. More information is necessary to determine whether fraud is involved.

1 Answer | Asked in Contracts and Landlord - Tenant for Kentucky on
Q: How long before I receive my rent portion letter from section 8 after renewing lease? It’s been over 3 months now.

My landlord states my rent portion with section 8 went up due to an increase in income but I have lost hours due to chemo treatments. How long does it take for them to provide proof or documentation of the increase?

Timothy Denison
Timothy Denison
answered on Sep 10, 2024

60-90 days at the bare minimum

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: A household member committed a crime and was arrested on the property of an apartment we are leasing, can we be evicted?

The household member had recently been charged with wanton endagerment, and criminal mischief to a place outside of the property we are renting, and they gave us a 14 day notice to quit the premises stating kentucky statute 383.660, The one arrested isn't going to be coming back to premises,... View More

Timothy Denison
Timothy Denison
answered on Aug 29, 2024

Yes, although you may have some defenses. Consult an attorney and give him all the facts of your case before you take any action.

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: Landlord put two homes on lot. Verbally said no more. Why I rented. Generic lease. Preparing to put another home on lot.

Anything I can do since the very reason I chose to rent here was the amount of outdoor space/yard? One year lease was signed first of April.

Timothy Denison
Timothy Denison
answered on Jun 13, 2024

Most likely not but depends on terms of lease.

1 Answer | Asked in Business Law, Contracts and Employment Law for Kentucky on
Q: Can you be made to sign away your, required by Kentucky Law, mandatory work breaks?

In Kentucky there are mandatory Break periods - 10 minutes for every 4 hours worked and if you work over 5 hours, a mandatory meal break between your third and fifth hour. But my neighbor has been coerced to sign away their breaks for nothing in return to work at a local fast food restaurant. This... View More

Timothy Denison
Timothy Denison
answered on May 27, 2024

Sound like a violation of Ky labor laws. A complaint to the Labor Board might resolve the problem.

1 Answer | Asked in Contracts, Divorce, Family Law and Child Custody for Kentucky on
Q: Contracts forced through duress. Using visitation for children. Contract allows full power to the monitor.

At any moment criminal action may be placed on the male with justification. The court is has been one sided through entirety of divorce. Female has only made gains through control of child, childsupport, and revenue from estate. Through deceit aided by professional counsel and judgment from a... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

More I formation is needed. What contract are your referring to?

1 Answer | Asked in Contracts for Kentucky on
Q: Breach of contract

I was under contract to buy a house, seller lied and said he was divorced.. he is not. Listing agent didn’t verify this information before listing house for sale. Wife is missing so we can’t get her signature to close. I’m already 10k into the purchase of this house with repairs and... View More

Timothy Denison
Timothy Denison
answered on May 15, 2024

Most likely best to cancel the contract for his fraud and recoup your $10 k.

1 Answer | Asked in Business Law and Contracts for Kentucky on
Q: Does a rental that is rented with 1 year expired tags void the contract?

I was hit in a rental with no tags now rental company is claiming damages that didn't exist when I had the vehicle.

Timothy Denison
Timothy Denison
answered on Apr 19, 2024

No, but the tags are the responsibility of the rental company.

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