Buyer-Agent Agreements in Kentucky
Kentucky relies on the national NAR settlement/MLS framework (like New York), not a dedicated state buyer-agency statute (unlike Texas's SB 1968 or California's AB 2992). Kentucky's written buyer-representation-agreement requirement stems from (1) the nationwide NAR settlement practice changes that took effect August 17, 2024, which all Kentucky MLSs and Kentucky REALTORS adopted, and (2) Kentucky's pre-existing (settlement-independent) real estate licensing regulation, 201 KAR 11:121, administered by the Kentucky Real Estate Commission (KREC), which already required licensees to provide the "Guide to Agency Relationships" and use agency consent/agreement forms (e.g., KREC Form 401B, Agency Consent Agreement – Buyer) before representing a buyer. No Kentucky bill parallel to Texas SB 1968 or California AB 2992 has been identified in the 2024, 2025, or 2026 legislative sessions. Separately, Kentucky did enact HB 88 (April 2024, KRS 367.354) amending the Kentucky Consumer Protection Act, but this targets seller-side residential "service agreements" (listing-type contracts) — restricting contract duration (max ~2 years performance), banning liens/encumbrances and property-running covenants, and banning recording of such agreements (recording ban effective April 4, 2024) — and is a consumer-protection measure, not a buyer-agency-agreement mandate; its applicability to buyer-broker agreements remains legally unclear per practitioner commentary.
Requirements
- No Kentucky-specific 'buyer representation agreement' statute exists; the operative requirement comes from the national NAR settlement (effective August 17, 2024) as implemented through Kentucky MLSs (e.g., GLAR, LBAR, NKAR) and Kentucky REALTORS' practice standards.
- Under the settlement-driven practice change, a REALTOR/buyer's agent must have a written buyer-broker agreement in place before touring a home in person or via live virtual tour, or before engaging in purchase-offer discussions on the buyer's behalf; open houses can still be attended without one.
- The agreement must address and disclose the buyer's agent's compensation structure and amount, since compensation offers were removed from MLS fields; compensation is negotiable and not fixed.
- Independent of the settlement, KREC's administrative regulation 201 KAR 11:121 requires licensees to timely deliver the Commission's 'Guide to Agency Relationships' and obtain the buyer's signature (or document delivery/refusal) before/at the point of establishing a written or oral brokerage relationship, using forms such as KREC Form 401B (Agency Consent Agreement – Buyer).
- Kentucky's HB 88 / KRS 367.354 (effective 2024) is a separate consumer-protection law limiting residential 'service agreements' (primarily seller/listing-side): capping performance duration, prohibiting liens/encumbrances or covenants running with the land, and banning recording of such agreements (recording ban effective April 4, 2024), with Class B misdemeanor penalties for violations — it is not a codified buyer-agency-agreement mandate akin to TX SB 1968 or CA AB 2992.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.