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KRS 324.020

Activities unlawful without license -- Requirement of licensing -- Application of chapter to owner or builder-developer -- Prohibition against fee splitting -- Exceptions -- Supervision of sales associate -- Authority to seek injunctive relief

Applied in 13 court decisions — leading case Charles R. Edmonds v. The Fehler & Feinauer Construction Company, Inc., a Kentucky Corporation (1958)

Most recently applied in Mike Lairsen v. Jim Figuerado (March 2012)

Effective: June 29, 2023 History: Amended 2023 Ky

How often courts cite this section

195719601970198019902000201220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) It shall be unlawful for any person who is not licensed as a real estate broker or sales associate to:

(a) Hold himself or herself out to the public as a real estate broker or sales associate or use any terms, titles, or abbreviations which express, infer, or imply that the person is licensed as a real estate broker or sales associate; or (b) Advertise for sale an equitable interest in a contract for the purchase of real property between a property owner and a prospective purchaser.

(2) No person shall practice real estate brokerage with respect to real estate located in this state unless:

(a) The person holds a license to practice real estate brokerage under this chapter; or (b) The person has complied with KRS 324.235 to 324.238.

(3) A licensee who is an owner or a builder-developer shall comply with the provisions of this chapter and the administrative regulations applying to real estate brokers and sales associates.

(4) No broker shall split fees with or compensate any person who is not licensed to perform any of the acts regulated by this chapter, except that a broker may:

(a) Pay a referral fee to a broker licensed outside of Kentucky for referring a client to the Kentucky broker;

(b) Pay a commission or other compensation to a broker licensed outside of Kentucky in compliance with KRS 324.235 to 324.238; or (c) Pay a licensed auctioneer for services rendered in cases where an auctioneer and real estate broker collaborate in the conduct of a sale of real estate at auction.

(5) Except as authorized in KRS 324.112(1) and 324.425, no sales associate shall supervise another licensed sales associate or manage a real estate brokerage office.

(6) The Kentucky Real Estate Commission may seek and obtain injunctive relief against any individual acting in violation of this chapter by filing a civil action in the Circuit Court where the commission is located or where the unlawful activity took place.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.