Legal Department

The Real Estate Authority legal web 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.  The General Counsel’s office will not respond to any question that is addressed on this web page.

Legal Advice, Legal Questions, Statute or Regulation Interpretation and Document Drafting​​

The General Counsel’s office cannot provide licensees or consumers any legal advice, answer any legal questions, interpret any statute or regulation, or draft any legal contract, agreement, disclosure, release, form or other document.   

Under Kentucky Supreme Court Rule 3.13(4.2), General Counsel attorneys cannot provide these services to individuals that are represented by an attorney.

Under Kentucky Supreme Court Rule 3.13(4.3), General Counsel attorneys cannot provide these services to individuals that are not represented by an attorney.

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:
 
Case Status

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.  Complaint Form 701 can be found 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.  Answer Form 702 can be found 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.

Staff can only provide information about case status relative to the stage a given case has reached in the process.  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.  Therefore, contacting staff about case status is unnecessary.

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.

Please direct questions to KREA.Legal@ky.gov​