Chapter 2 of 1525% of exam

Kentucky Agency and Disclosure

Kentucky licensees must disclose their agency relationships and follow rules for dual and designated agency. This chapter covers disclosure timing, dual agency, and designated agency.

Agency Disclosure Timing

Kentucky requires licensees to disclose the agency relationship to consumers early—by the time specific real estate assistance is first provided and before the consumer shares confidential information. This lets consumers understand whether the licensee represents the seller, the buyer, or both before negotiating, and the disclosure is documented in writing.

Dual Agency

Kentucky permits dual agency only with the informed written consent of both the buyer and the seller. Because a dual agent cannot fully advocate for either party, the licensee must disclose the limited nature of the representation and keep each party's confidential information private. The principal broker ensures affiliated licensees follow these rules.

Designated Agency

Under designated agency, the principal broker appoints separate affiliated licensees to represent the buyer and the seller in the same transaction, so each consumer receives individual representation while the firm handles both sides. The arrangement must be disclosed and does not eliminate the duties owed to the parties or the escrow requirements.

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