This page addresses the most common topics that are raised by licensees and consumers. Please read each topic below to find answers to your questions before reaching out to the General Counsel’s office for additional information.
Legal Advice, Legal Questions, Statute or Regulation Interpretation and Document Drafting
The General Counsel’s office cannot provide licensees or consumers legal advice concerning a private business matter or draft or interpret any legal contract, agreement, disclosure, release, form or other document.
See Kentucky Supreme Court Rule 3.13(4.2,4.3)
Licensees and consumers should consult their own attorney for these services.
The Kentucky Bar Association may be able to help you find an attorney by clicking here . Alternatively, Kentucky Realtors may be able to help by clicking here.
License Statutes and Regulations
The following links will provide you with the statutes and regulations for the Real Estate Authority professions:
The General Counsel’s office understands the urgency and importance of each case. We are working diligently to resolve all issues in a timely manner and ask for patience during this process as it takes time to thoroughly review each case. Because each case is different in its complexity, we cannot provide an estimated time to resolution or discuss specifics until a final determination is made.
The case process has several steps:
(1) The process begins with the filing of a complaint. If additional information is needed, the party that filed the complaint will be contacted for additional information. However, if the complaining party does not allege sufficient facts to establish a possible license law violation, then the case will be dismissed. The required Complaint form can be found by clicking here
(2) If the complaining party provides enough information to establish a possible license law violation, then the accused licensee is provided an opportunity to respond to the allegations. The licensee must provide the response to the General Counsel’s Office and to the party that lodged the complaint. The Sworn Answer form can be found by clicking here
(3) The General Counsel’s office will then conduct an investigation and all parties will be contacted to provide information to the investigator. Once the investigation report is complete and evaluated by General Counsel attorneys, the relevant Board/Commission will review the case to determine whether to dismiss the case or order a hearing.
(4) If the case proceeds to a hearing, the General Counsel’s office will file a notice of hearing and charges with the Public Protection Cabinet’s Office of Administrative Hearings.
(5) At this point, the hearing officer takes over the process until the hearing is complete and a recommendation is made to the Board/Commission.
(6) The Board/Commission reviews the hearing officer’s recommendation and makes a final decision.
Relevant parties will be updated at each stage of the process until a final determination is made. If a party has not been contacted, then the case has not progressed to the next stage.
Criminal Background Reports and License Applications
You must consider your criminal history and use your judgment to decide whether the benefits of receiving a license outweigh the risk of being denied a license because of your criminal background.
No Real Estate Authority staff member can make any promises regarding licensure. That decision rests solely with the Board/Commission.
Licenses are issued by each Board/Commission on a case-by-case basis. The most concerning criminal offenses are crimes of dishonesty or violence, felonies, and any offense that places an individual on the sex offender registry.
If your application is delayed due to concerns about your criminal history, then you will be given an opportunity to provide your side of the story and provide any information or letters of recommendation that supports your application. Real Estate Authority staff will contact you if this step is necessary.
Holding More Than One License
There is no prohibition against possessing more than one license or pursuing more than one profession under Real Estate Authority license laws. But you should review the laws that govern the non-Real Estate Authority license or profession that you seek to pursue to determine if that profession has any prohibitions against dual licensure or dual roles.
Licensees should be fair in all business transactions. No one that has a license issued by a Real Estate Authority Board or Commission may use that license and provide another service in the same transaction without disclosing this potential conflict of interest to all relevant parties connected to the transaction.
Notice of Additional Questions or Concerns
The General Counsel’s office may be able to answer additional questions from the public that have not been addressed on this page. However, the General Counsel’s office is limited to answering general questions only. The General Counsel’s office is prohibited from providing specific legal advice as described earlier on this page. By emailing the General Counsel’s office, you understand and agree to the following conditions: 1) A response from the General Counsel’s office does not form an attorney/client relationship; 2) Any email sent to the General Counsel’s office via this link is not confidential and may be shared with the Commission or be accessed by members of the public; 3) The General Counsel’s office will respond to emails in the order in which they are received and as resources allow; 4) The General Counsel’s office offers this service in an effort to assist the public under these limited terms and may decline to answer any email that violates any of the conditions described on this page. By emailing your question to the following link, you understand and agree to the limitations described on this page.
You may direct questions to firstname.lastname@example.org