KAR 11:105 Advertising- Consent Required

KRS 324.281(5) and KRS 324.282 require the Kentucky Real Estate Commission, with the approval of the executive director of the Kentucky Real Estate Authority, to promulgate administrative regulations to carry out and enforce the provisions of KRS Chapter 324. KRS 324.117(5) requires the commission to promulgate administrative regulations to define false, misleading, or deceptive advertising.

KRS 324.117(6) requires the commission to promulgate administrative regulations to define the manner in which licensees may utilize any internet electronic communications for advertising or marketing. This administrative regulation establishes certain standards for real estate advertising practices, including internet advertising.

Section 1. Consent Required to Advertise a Specific Property. (1)(a) A licensee shall not:

1)Advertise real estate for sale or lease without the written consent of the owner;
2)Place signage or another advertisement on any private or listed property without the written consent of the owner; or
3)Promote or advertise a specific property listed by another principal broker unless the licensee has requested and obtained written consent from the listing principal broker.
(b) Nothing in paragraph (a)1. through 3. of this subsection shall prohibit a licensee from utilizing public information, including information regarding real estate closed by another licensee, to market his or her real estate brokerage services to consumers.

(2) A licensee who served as a buyer’s agent may advertise his or her role in a sale after a closing has occurred if the advertisement clearly and visibly states that the licensee’s participation was as the buyer’s agent.

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