KAR 11:121 Prospective Client Disclosures

Section 5
(1) A licensee shall complete, time and date, and deliver to the appropriate prospective client the commission’s Guide To Agency Relationships at the earliest of the following times:

(a) Prior to entering into a contemplated written agreement to provide real estate brokerage services for compensation with a prospective client;
(b) Prior to entering into a contemplated oral agreement to provide real estate brokerage services with a prospective client; or
(c) Prior to signing an agency consent agreement.


(2) The licensee shall solicit the signature of the prospective client on the Guide to Agency Relationships as acknowledgement by the prospective client of his or her receipt. The licensee shall maintain a record that the prospective client signed the Guide to Agency Relationships. If the prospective client refuses to, or does not, sign the Guide to Agency Relationships upon receipt, the licensee shall document the delivery, or attempted delivery, including a date and time, to the appropriate prospective client.

(3) The completed Guide to Agency Relationships shall provide or include:

(a) The agency relationships available between the licensee and client or party in Kentucky;
(b) The first and last name of the licensee completing the form, the first and last name of the principal broker of the licensee, and the full name of the licensee’s real estate company;
(c) The name of the prospective client; and
(d) The signature, time, and date of signing by the prospective client.

(4) The provisions of this section shall not apply to:
(a) The sale of real estate at auction; or
(b) A commercial transaction.

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