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Kentucky Contracts Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Contracts and Civil Litigation for Kentucky on
Q: Can I overturn a mediation agreement if there unclear deadlines, changes in terms and duress when signing

I signed a settlement agreement for a civil case partly to attorney's advice, of high trial costs, limited 60-day prep window and legal fees aren't awarded even won? I wasn’t told mediation document was a memorandum or the plaintiff didn't have a deadline to fulfill terms like... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

you can certainly file a motion to be relieved from the mediation agreement, but since you were represented by counsel and signed the agreement voluntarily, you have an uphill battle on your hands. You should sit down with your lawyer and go over the terms and make sure you understand them before... View More

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

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.

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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

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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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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2 Answers | Asked in Consumer Law, Contracts, Landlord - Tenant and Real Estate Law for Kentucky on
Q: What are my legal options for undisclosed car tracking, high finance charge, and no warranty in Kentucky?

In February 2023, I purchased a 5-year-old car with a $2,500 down payment. Over three years, I paid more than $15,000, but due to a 24% finance charge, the total cost amounted to $30,000. I was not given a warranty because of the car's age. Recently, I found out a tracking device was installed... View More

Timothy Denison
Timothy Denison
answered on Apr 12, 2025

Sue the seller.

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2 Answers | Asked in Employment Law and Contracts for Kentucky on
Q: What is typical severance for 16 years of service in KY?

I worked for my employer for 16 years, earning an annual salary of $100,000. Upon termination, I received a severance pay offer covering 8 bi-weekly pay periods, amounting to approximately two months of pay. There are no explicit company policies regarding severance, and no additional compensation... View More

Timothy Denison
Timothy Denison
answered on Apr 7, 2025

It varies tremendously from employer to employer but is generally set out in the employee handbook.

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2 Answers | Asked in Consumer Law and Contracts for Kentucky on
Q: Can I sue a dealership for undisclosed tracking device and repossession?

I recently found out that the dealership placed a tracker on my car without informing me at the time of sale, even though there was a contract. The car was repossessed from my driveway, and I didn't know about the tracker until I watched a video two days ago. I haven't reached out to the... View More

Timothy Denison
Timothy Denison
answered on Apr 7, 2025

Depends on how the tracking unit got there and the reason it was there. Generally speaking, you may have a case against them.

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2 Answers | Asked in Civil Litigation, Contracts and Personal Injury for Kentucky on
Q: Dispute impound fees for unauthorized use of my truck in Kentucky

I was in jail when my brother used my truck without permission and it was impounded. He placed his license plate on my truck, and as a result, the police put a hold on it. My brother never contacted the officer as required, and it took two weeks to get my truck released. Now, I'm facing fees... View More

Timothy Denison
Timothy Denison
answered on Apr 2, 2025

Ask the county attorney to get an order from the judge waiving your payment of impound fees and adding them to the restitution in the case where they are prosecuting your brother.

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2 Answers | Asked in Construction Law, Real Estate Law and Contracts for Kentucky on
Q: How to contest a mechanics lien without a contract or proper invoice?

I'm seeking guidance on how to contest a preliminary mechanics lien that a contractor filed against my property for $12,000. The contractor was referred by an acquaintance last May, and recently, he moved a camper - damaging it in the process - and removed many trees from my property despite... View More

Timothy Denison
Timothy Denison
answered on Apr 2, 2025

You will have to file suit against the contractor to quiet title. Lack of documents is detrimental to his case, not your case.

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4 Answers | Asked in Consumer Law, Contracts and Personal Injury for Kentucky on
Q: Dealership in Kentucky not processing title transfer, affecting insurance claim and causing financial loss.

I purchased a car on February 4, 2025, from Tim Short Auto Group in Lexington, KY. On February 16, 2025, the car was hit while parked and totaled. My insurance company cannot process my claim because the dealership still has not processed the original title from the previous owner to themselves,... View More

Timothy Denison
Timothy Denison
answered on Mar 25, 2025

Yes. You have a case against them. You should hire a lawyer and file suit.

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2 Answers | Asked in Business Law, Contracts and Civil Litigation for Kentucky on
Q: Primary on car loan with wife, seeking advice on refinancing or transferring financial responsibility.

I'm the primary borrower on a car loan shared with my wife. Although we've verbally agreed she would help with partial payments, she's not been able to contribute, and I'm currently making all payments. She says that she needs more time, but I'm worried about repossession... View More

Timothy Denison
Timothy Denison
answered on Mar 19, 2025

You can continue paying the car loan or you can get her to agree to refinance in her name and get you off the note. If that fails, sell the car and pay off the car note with the sale proceeds.

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1 Answer | Asked in Employment Law and Contracts for Kentucky on
Q: Non-profit employer won't pay despite negative test results

I work for a non-profit and was accused of being under the influence. My employer promised that if the test results were negative, I would be paid for the time I missed. The lab and MRO confirmed months ago that my employer received the negative results. Despite this, my employer has ignored my... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

You'll need to hire an employment lawyer to contact them on your behalf and try to recover the unpaid benefits for you.

2 Answers | Asked in Consumer Law, Contracts and Products Liability for Kentucky on
Q: Can a dealership take my car back if I'm current on payments but have ongoing issues?

I'm in a situation with a "buy here pay here" dealership where they are threatening to take back my car. I am not behind on payments, but there have been ongoing issues with the car. The dealership offers a VIP package that includes repairs, but they have refused to fix the... View More

Timothy Denison
Timothy Denison
answered on Mar 14, 2025

No. They cannot.

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2 Answers | Asked in Consumer Law, Contracts and Products Liability for Kentucky on
Q: Bought a title jumped car with refund promise. Who's in legal trouble?

I bought a car through Facebook from someone who turned out not to be the real owner, as he had title jumped the vehicle. In writing, he promised a refund for any major mechanical issues, but now neither he nor the real owner wants the car back. The car has a slipping transmission, which... View More

Timothy Denison
Timothy Denison
answered on Mar 14, 2025

You will not face any legal issues but you should probably hire a lawyer and sue both the seller and the owner for fraud.

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