Kentucky Revised Statutes

Ky. Rev. Stat. § 324.360 (2026)

Form for seller's disclosure of conditions

✓ current as of May 2026

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(1) This section shall apply to sales and purchases involving single-family residential real estate dwellings if any person licensed under this chapter receives compensation. (2) The commission shall promulgate an administrative regulation authorizing a "seller's disclosure of conditions form." (3) The form shall provide for disclosure by the seller of the following: (a) Basement condition and whether it leaks; (b) Roof condition and whether it leaks; (c) Source and condition of water supply; (d) Source and condition of sewage service; (e) Working condition of component systems; and (f) Other matters the commission deems appropriate. (4) The seller of the property shall complete and sign the form at the time he or she executes any listing agreement or similar agreement by which a licensee intends to market the property. A copy of the form shall be provided by the listing agent to any prospective buyer or a buyer's authorized representative upon request. A copy of the form shall be delivered by the listing agent to any prospective purchaser or his representative within seventy-two (72) hours of the listing agent's receipt of a written and signed offer to purchase. The listing agent shall solicit the signature of the buyer on a copy of the form which the listing agent shall retain in the principal broker's records. The signature shall evidence the listing agent's compliance with the provisions of this section. Should the buyer refuse to sign the form, the licensee shall record the buyer's refusal to sign on the form and retain a copy in his principal broker's records. (5) If the subject property is offered for sale by the property's owner without a listing agreement, any licensee involved in the transaction shall provide a blank form to the property's owner and shall request that the property's owner complete and sign the form. If the property's owner completes and signs the form, the licensee shall deliver the form to the buyer or potential buyer not later than one hundred twenty (120) hours after the creation of any executory contract for sale of the property. The licensee shall solicit the signature of the buyer on a copy of the form as delivered to the buyer or prospective buyer and shall retain the copy in his or her principal broker's records. The signature of the buyer or prospective buyer shall evidence the listing agent's compliance with the provisions of this section. Should the buyer refuse to sign the form, the licensee shall record the buyer's refusal to sign on the form and retain a copy in his or her principal broker's records. (6) The original of the form shall be retained by the listing broker or by the broker of any licensee who presents an offer on a property not subject to a listing agreement. (7) The form shall not be required for residential purchases of new homes if a warranty is offered, for a sale of real estate at an auction, or for a court supervised foreclosure. (8) If the seller refuses to complete and sign the form, his refusal shall be communicated in writing by the broker or sales associate who is involved in the transaction to the purchaser or prospective purchaser, without unreasonable delay. (9) It shall be a violation of this chapter for a licensee to complete any portion of the form unless the licensee is the owner of the property or has been requested by the owner to complete the form. The request shall be acknowledged in writing on the form and the licensee shall be held harmless for any representation that appears on the form. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 488, sec. 29, effective July 14, 2000. -- Created 1992 Ky. Acts ch. 448, sec. 1, effective July 14, 1992.

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 2005–2025 · leading case: Yeager v. McLellan, 177 S.W.3d 807 (Ky. 2005).

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Yeager v. McLellan, 177 S.W.3d 807 (Ky. 2005). · cites it 6× “After listing their residential property for sale, Appellants completed and signed the disclosure form pursuant to KRS 324.360. 201 KAR 11:350 sets forth administrative regulations relative to the disclosure requirement.”

Waldridge v. Homeservices of Kentucky, Inc., 384 S.W.3d 165 (Ky. Ct. App. 2011). · cites it 4× “Furthermore, the disclosure requirements with respect to the sale of a single-family home are clearly outlined in KRS 324.360. The statute requires homeowners who enlist an agent to sell their home to complete a disclosure form regarding known conditions of the property, KRS 324.”

Ross v. Powell, 206 S.W.3d 327 (Ky. 2006). “Shortly thereafter the Powells listed their home for sale and signed a seller disclosure of property condition form pursuant to KRS 324.360. The Powells disclosed that the roof had leaked, had substantial damage and had been repaired.”

Don Booth of the Breland Grp. v. Debbie Lawson of Coldwell bankers/mcmahan (Ky. 2021). · cites it 10× “2 Second, Ribeiro failed to prove she had a statutory cause of action against K&D and Booth for failure to provide the seller’s disclosure under KRS 324.360. The arbitrator stated that even if Booth and K&D failed to deliver the seller’s disclosure, for Ribeiro to prevail on the…”

Lewis Semerling v. Bpp, LLC D/B/A Black Pearl Props., LLC (Ky. Ct. App. 2025). · cites it 6× “-3- In February 2023, Appellants filed this action against BPP and Darnall, asserting claims for fraud, negligent misrepresentation, violation of KRS 324.360 (failure to disclose property condition),2 negligence, respondeat superior, 2 This statute provides: (1) This section…”

Clark Bernard, M.D. v. Vernon L. Gary Revocable Trust (Ky. Ct. App. 2023). · cites it 5× “-3- of KRS 324.360 and Kentucky’s Consumer Protection Act.”

— Ky. Rev. Stat. § 324.360(3) — 1 case

Yeager v. McLellan, 177 S.W.3d 807 (Ky. 2005). “After listing their residential property for sale, Appellants completed and signed the disclosure form pursuant to KRS 324.360. 201 KAR 11:350 sets forth administrative regulations relative to the disclosure requirement.”

— Ky. Rev. Stat. § 324.360(4) — 2 cases

Waldridge v. Homeservices of Kentucky, Inc., 384 S.W.3d 165 (Ky. Ct. App. 2011). “Furthermore, the disclosure requirements with respect to the sale of a single-family home are clearly outlined in KRS 324.360. The statute requires homeowners who enlist an agent to sell their home to complete a disclosure form regarding known conditions of the property, KRS 324.”

Don Booth of the Breland Grp. v. Debbie Lawson of Coldwell bankers/mcmahan (Ky. 2021). “2 Second, Ribeiro failed to prove she had a statutory cause of action against K&D and Booth for failure to provide the seller’s disclosure under KRS 324.360. The arbitrator stated that even if Booth and K&D failed to deliver the seller’s disclosure, for Ribeiro to prevail on the…”

— Ky. Rev. Stat. § 324.360(9) — 1 case

Clark Bernard, M.D. v. Vernon L. Gary Revocable Trust (Ky. Ct. App. 2023). “-3- of KRS 324.360 and Kentucky’s Consumer Protection Act.”

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