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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

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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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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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

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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.

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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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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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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 Consumer Law and Contracts for Kentucky on
Q: Home security company never installed cameras but has been charging me monthly fees for 5-6 years. What can I do?

Just needing a little guidance on whether I have a lawsuit, I used fluent security company to install security cameras and sensors in my house. This was about 5-6 years ago. Well they never installed the cameras and I have been paying for their service for 5-6 years but have never used their... View More

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answered on Nov 9, 2023

If a home security company has failed to install cameras as per the agreement and has been charging you for non-rendered services, you may have grounds to dispute the charges and potentially seek reimbursement. It would be advisable to review the terms of your contract with the company and collect... View More

1 Answer | Asked in Contracts and Family Law for Kentucky on
Q: If you sign an admission to a hospital for someone using Power of Attorney, do you become personally liable for billing

I am providing POA for one of my children. I am concerned that if I am unable to sign myself into the hospital during an emergency and they sign me in as my POA and I die, will they be liable for any of my expenses instead of my estate

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

No. You will remain the liable party regardless if you signor they dign as POA

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: What to do when a home marketed as one size turns out to be 500 sq ft less and only known to buyer at closing?

Can the buyer insist on renegotiating the sale price when the discrepancy is discovered upon inspection while preparing for closing? Is this considered deceptive advertising?

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

Depends. If it is only known to the buyer, that would imply the seller does not know about the error, which might be difficult to prove fraud. Alternatively, you should make everyone aware and either withdraw your offer or renegotiate the offer. The burden of proof will be on you to prove the... View More

1 Answer | Asked in Contracts for Kentucky on
Q: I financed a car. Through a bank with a car lot I was arrested. The car lot reposed the car before the 1st payment

Was even due. Is that legal. I thought the bank paid them. Consider I was going to be paying a bank out of state not the car lot

Timothy Denison
Timothy Denison
answered on Nov 5, 2022

If the loan was consummated prior to the repo, it may have been a wrongful repo. If the loan transaction had not been completed, it is most likely not a wrongful repo.

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.

1 Answer | Asked in Civil Litigation and Contracts for Kentucky on
Q: Ex boyfriend purchased tires from RNR on my truck and refuses to pay now, does that come back on me? I am selling truck
Timothy Denison
Timothy Denison
answered on Apr 4, 2024

Not unless you signed and agreed to pay for them.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Kentucky on
Q: Seller wants a 30 day lease back option after closing. Will seller have full tenant rights after 30 days or during?
Timothy Denison
Timothy Denison
answered on Mar 14, 2024

Depends solely upon the terms of the lease and whether that is permitted under the lease agreement.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Seller is refusing to uphold signed land contract, what can I do?

My grandmother in November 2023 sold me her house on land contract, we both signed. Per the agreement payments would start when deed transfer happened. Her children have now convinced her that she can get more by putting it on the market. I already live in the home, is there anything I can do to... View More

Timothy Denison
Timothy Denison
answered on Mar 4, 2024

Sure. You can file suit against her to enforce the agreement to sell.

1 Answer | Asked in Contracts for Kentucky on
Q: Can U.S. Magistrate issue separate recommendations for each claim or count in civil case?

I've filed motion to file supplemental complaint based upon new evidence that the contract's principal is fictitious and nonexistent. Defendant asked that Magistrate rule on claims prior to this new evidence but the new evidence effects several of the claims. Can Magistrates bifurcate... View More

Timothy Denison
Timothy Denison
answered on Feb 16, 2024

Yes. He can.

1 Answer | Asked in Contracts for Kentucky on
Q: If movant's argument is unclear, what responsibility does non-moving party have to speculate or guess movant's intent.

I ask in general but the specifics relate to the Fair Housing Act and Section 3604 as opposed to Section 3617. The Defendant did not sale or rent to me and was not involved in that process but subsequently used coercion and intimidation to assist the party that had discriminated against me; in my... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

No responsibility whatsoever.

1 Answer | Asked in Contracts for Kentucky on
Q: if i have my ex husband on camera reaking into my home can i press charges? he is not on the lease anymore,please help!!

breaking

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

Yes you can. Call the authorities and make a police report.

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