Agency Relationships in Kentucky
Kentucky requires written disclosure of the agency relationship and permits dual agency only with consent. This chapter explains the disclosure requirement and the recognized relationships.
Written Agency Disclosure
Kentucky requires licensees to disclose in writing which party they represent at an early point, such as when a listing or buyer representation agreement is signed or before a buyer signs an offer to purchase. Early written disclosure lets consumers understand who advocates for their interests before they commit or share confidential negotiating information.
Seller and Buyer Representation
A seller's agent represents the seller and owes fiduciary duties of loyalty, confidentiality, and disclosure to that client; a buyer's agent owes those duties to the buyer. In every relationship the licensee must deal honestly with the other party and disclose known material adverse facts about the property.
Dual Agency
A dual agent represents both the buyer and the seller in the same transaction. Kentucky permits dual agency only with the informed written consent of both parties. The dual agent may not disclose one party's confidential information, such as the highest price a buyer will pay, to the other, and must handle the transaction impartially.