...Kennedys brought the action against DPR alleging breach of contract, fraud and violation of the Kentucky Consumer Protection Act ("KCPA") arising from a residential real estate ...estate transactions by an individual homeowner," and "[a]s of this date, we are unaware of any Kentucky case law which has determined that the [KCPA] is applicable to single real estate...real estate contract does not make it so. Based on the language of KRS 367.170 and Craig, we find no basis for concluding that the trial court erred in holding that the KCPA is not applicable to...

...a breach-of-contract claim arising out of a contract for the purchase of real estate. Before the transaction was completed, it was discovered that no recorded easement allowed ac...title to the real estate. Id. The seller argued that no defect existed and sought to enforce the contract. Id. at *5. The court noted that the property was essentially landlocked...apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the...

...manufacturing defendants. Under Kentucky law, a plaintiff must be in privity with a defendant to state a breach of warranty claim. See Taylor v. Southwire Tools & Equip. , .... , 265 S.W.3d 237, 240 (Ky. Ct. App. 2007) ("privity of contract between the parties is prerequisite to a claim for breach of warranty."). This rule ap...Hackney and the manufacturing defendants. [DE 1–1]. Red Hed seeks recovery from the manufacturing defendants on state-law claims of negligence, defective manufacture and design, inadequate warning, breach...

...of real property to be credited or offset against consequential damages. Kentucky has basically adopted the majority rule regarding damages for the breach or recision of a real estate ...that they suffered damages recoverable for a breach of the real estate contract, we affirm. On October 21, 2001, the Menefees executed a written contract to purchase residenti.... The holding in Evergreen Land Co. that both consequential damages and the difference in the contract price and actual value should be considered in measuring damages for breach of a real estate...

...as bad faith, predatory lending, negligence, fraud, deception, discrimination, slander of title, breach of contract, a violation of unspecified "Kentucky statutes," consumer protection laws, the T...breach of contract, including failure to properly account for escrowed funds, and for other unfair or fraudulent predatory lending practices. After Dollar...BANKING COMPANY; UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE; ROBERT CLARK; WATER ART LOUISVILLE, LLC; AND COMMONWEALTH OF KENTUCKY, INDIVIDUAL COLLECTION BRANCH...

...appellant's brief nor the brief filed on behalf of some of the appellees contains a statement of the case with references to the record. The Kentucky Real Estate Commission did not file a brief. ...unaware of any Kentucky case which has determined that the Kentucky Consumer Protection Act is applicable to single real estate transactions... RICHARD L. CRAIG, APPELLANT v. BERNARD KEENE; BETTY KEENE; WILLIAM ERWIN; AND KENTUCKY REAL ESTATE COMMISSION, APPELLEES. No. 1999-CA-000245-MR...

.... Appellant brought this action to recover damages for breach of a contract under which he had been employed to sell appellee's real estate. Appellee moved to dismiss the action on the ...his not having a real estate broker's license issued by the State of Kentucky. Appellant did not bring his action as a real estate broker to collect compensation for the sale ..., there could be no recovery because appellant was not a licensed real estate broker. From the order of the district court granting the motion to dismiss...

...this case differ factually. There, Howell, a Kentucky corporation, sued Berling (an individual) and Westview (an Ohio LLC) in Kentucky court for breach of contract concerning Ohio real ...implicate the underlying contract / mortgage or threaten to affect the subject real estate. In a traditional corporate veil piercing case, Kentucky courts apply Restatement...LLC and corporation, to collect on a judgment against McEwan, a South Carolina citizen, concerning a foreclosure on Kentucky real estate. The key differences are the location of the involved real ...

...original counterclaims Anderson had filed against JP Morgan Chase, including claims under the Truth in Lending Act, Real Estate Settlement Procedures Act, the ...loan modification during the foreclosure action, and a claim for violation of the Kentucky Consumer Protection Act through its alleged predatory lending and breach of contract conduct...JP Morgan Chase had violated the Kentucky Consumer Protection Act through predatory lending and breach of contract conduct. Thereafter, Anderson initiated a separate action...

...privity with a defendant to state a breach of warranty claim. See Taylor v. Southwire Tools & Equip., 130 F. Supp. 3d 1017, 1021 (E.D. Ky. 2015) ("...Kentucky, product liability actions are governed by the Kentucky Product Liability Act"). The Act applies "regardless of whether the action is founded on strict liability in tort, negligence or breach of... Finally, the breach of warranty claims fail for an additional reason: the plaintiffs were admittedly not in privity with the manufacturing defendants. Under Kentucky law, a plaintiff must be in...

...fatal to his claim under Kentucky's statute of frauds, which requires that any contract for the sale of real estate be in writing. See KRS 371.010. Seeger contends that the verbal agreement he..., his real estate agent, and Hayden made, and the testimony concerning its making, were sufficient to satisfy this element of his claim. However, Kentucky law states that this verbal agreement... could not constitute a binding and enforceable contract for the sale of real estate. Hence, Seeger's claim of tortious interference with contractual...

...promises a buyer that the tree would not fall over if pushed, and (b) the buyer relies on that promise in purchasing it (because he had two small children). Kentucky requires privity of contract or a direct buyer-seller rel...highest court has not explicitly ruled whether privity is required for breach of express warranty, the Sixth Circuit has interpreted Kentucky law to so require...set by the legislature. Though the Western District of Kentucky explicitly considered other jurisdictions' rulings in extending claims for breach of express warranty beyond the buyer-seller...

...for our consideration on appeal, which we restate as whether the Estate was required to file a copy of the Kentucky decedent's will in Indiana in order to pursue a breach of contract action in...Hansford on the Estate's complaint for breach of contract. We reverse and remand. Issues The Estate raises one issue...executor of the Estate. In October 1982, within the ten-year statute of limitations for breach of contract actions, the Estate filed its complaint against the Hansfords in Floyd County, I...

.... Further, Warren Paving alleges that "[a]t all times relevant hereto, neither Heartland nor any of its officers were licensed real estate brokers registered with the Kentucky Real ...pursuant to Kentucky law, a person cannot sell or negotiate the sale of real estate for compensation without a license. Warren Paving alleges that Heartland did not have a real estate license, and...sold to Warren Paving. In its Opinion, the Court examined the requirements for real estate broker's licenses in the state of Kentucky and discussed Plaintiff's case law. It then...

...assignment of their promissory note and mortgage, the defendants committed fraud, breach of contract and breach of fiduciary duty, and conspiracy; and that they violated Kentucky and fede...States District Court, E.D. Kentucky, Central Division Lexington. May 22, 2010...on the motion of the Bank of the Bluegrass and several of its employees to dismiss with prejudice the complaint in an action styled Haffey, et al. v. Allen, et.al. (Lexington...

...real estate brokerage in Kentucky; (2) rescission of the assignment contract based on mistake of fact—Heartland's lack of a real estate brokerage license; (3) damages fo...breach of contract lawsuit from Plaintiffs. Now, Defendants wish to assert their formerly time-barred claims as affirmative defenses to argue that the Assignment Contract is unenforceable due primarily to a violati...to engage in real estate brokerage," 2) breach of fiduciary duties in purchasing the option to buy the Property and in requiring Warren Paving to agree to royalty payments in exchange for assignment of...

...contract was void because Heartland did not hold a license to practice real estate brokerage in Kentucky; [and] (2) rescission of the assignment contract based on mistake of fact—Heartlan..., Inc. ("Warren Paving") in 2004. In detail, on September 1, 2004, Heartland and Warren Paving executed a Contract for the Assignment of an Option to Purchase Real Property with Retained Royalties, (the...an "Amendment to Contract for the Assignment of an Option to Purchase Real Property With Retained Royalties", (the "Amended Assignment Contract"), on July 31, 2009 to reflect the changes in royalty...

.... C. Breach of Warranty Under Kentucky law, liability for breach of warranty is governed by the terms ...Waterfills and National Molding, Kentucky Revised Statute § 355.2-318 controls this cause of action. Under this statute, claims for breach of express or implied warranties may proceed only where there is...District of Kentucky. BEFORE: BOGGS, Chief Judge; MERRITT and MOORE, Circuit Judges...

...did not err in dismissing homeowners' fraud claim. Homebuyers' second claim is for breach of contract. No written contract or agreement has been presented in this case. Nonetheless, Homebuyers a..., JUDGE, DISSENTS AND FILES SEPARATE OPINION. COMBS, JUDGE, DISSENTING: I am persuaded that the Statute of Frauds does pertain to the claim for breach of contract. Because there was no writing affecting a clear sal... Farmer ("Farmer"). We affirm the trial court's dismissal of all claims except breach of contract, which we remand with instruction for further proceedings. ...

...merely acquires an executory right to have the owner convey him an estate, for breach of which he has a claim for damages or a possible right to specific performance in equity." Nothing is shown to indi...plaintiff have judgment for damages. The contention of the plaintiff seems to be that an equitable claim to real estate is inherent in the very nature of the action and...or claim to property is asserted under the contract and that no such lien or claim is sought to be enforced as the result of it. The mere fact that a suit relates to or in some manner may affect real...