Kentucky guide

Kentucky Buyer Brokerage Agreements After the NAR Settlement

If you're buying a home in Kentucky, you'll sign a written buyer representation agreement with your real estate agent before they take you on your first property tour.

TL;DR

If you're buying a home in Kentucky, you'll sign a written buyer representation agreement with your real estate agent before they take you on your first property tour. The agreement spells out exactly what you'll pay your agent and how — this rule kicked in on August 17, 2024 as part of a nationwide settlement. The good news: you can still ask the seller to cover your agent's fee, but it has to be worked out separately and written into your offer.

Before you start — 8 things to know

  • In Kentucky, you'll sign a written buyer representation agreement with your agent before touring any home — this became a hard requirement on August 17, 2024 under the settlement.

  • The agreement must clearly state how much your agent will be paid and how that payment will happen, so there are no hidden fees later.

  • The fee in your buyer agreement is fully negotiable — Kentucky law does not set a standard rate, so you can shop agents and push for a lower number.

  • Your Kentucky buyer agreement cannot tie your agent's pay to whatever a seller offers through the (the database agents use to share homes for sale).

  • A seller can still offer to cover your agent's fee, but it has to be negotiated outside the — usually written into the offer you submit on the house.

  • The pre-tour signing rule reaches almost every active buyer's agent in Kentucky because nearly all of them participate in the .

  • Kentucky's existing real estate license law under KRS §324.160 already supported written buyer agreements — what's new is that yours must be signed before the first showing, not just at some point in the process.

  • Read the agreement before signing: check how long it lasts, what geographic area it covers, whether it's exclusive, and what you owe if you buy a home without your agent's help.

The timeline — step by step

  1. You decide you want to start seeing homes in person and reach out to a Kentucky real estate agent.

  2. Before any private showing, the agent gives you a written buyer representation agreement to review.

  3. You go through the key terms: the agent's fee, how long the agreement lasts, the geographic area it covers, and whether it's exclusive.

  4. You negotiate anything you're not happy with — the fee amount, the term length, or how broad the scope is — until the terms work for you.

  5. Both you and the agent sign the Kentucky buyer representation agreement before you step foot inside the first home.

  6. When you find a home you want, you make an offer — and the offer can ask the seller to pay all or part of your agent's fee.

  7. At closing, your agent gets paid according to what was negotiated: by you, by the seller, or split between you.

Common questions

Do I really have to sign a buyer agreement before I can look at a house in Kentucky?
Yes, if you want to tour homes with a real estate agent who participates in the — which is almost all of them. Since August 17, 2024, the settlement requires a signed written agreement before your very first private showing. You can still attend open houses on your own without signing anything.
Can I negotiate the fee my buyer's agent charges?
Yes — Kentucky does not set or cap real estate fees, so whatever ends up in your buyer agreement is whatever you and your agent agree to. You can ask for a lower percentage, a flat dollar amount, or a fee tied to the home's price. Don't feel pressured to accept the first number the agent writes down.
Who actually pays my agent — me or the seller?
Your buyer agreement makes you responsible for paying your agent, but you can ask the seller to cover that fee as part of the offer you submit on a home. Many Kentucky sellers still agree to pay, but it's no longer automatic and has to be negotiated deal by deal. If the seller covers less than what your agreement says, you may owe the difference at closing.
What happens if I refuse to sign a buyer agreement?
A Kentucky -participating agent cannot take you on private property tours without one. You'd be limited to open houses or contacting listing agents directly, but those agents represent the seller — not you. Going unrepresented can leave you without anyone advocating for your interests during inspections, negotiations, and closing.
How long does a Kentucky buyer agreement last?
The term is whatever you and the agent write into the agreement — it could be a single day, a single home, a month, or longer. If you're not sure the agent is the right fit yet, ask for a short term or limit it to one specific property. You can always sign a longer agreement later once trust is built.
Can I work with more than one agent at the same time?
Most buyer agreements are exclusive, meaning during the term you commit to working only with that agent. If you want the freedom to talk to other agents, ask for a non-exclusive version before you sign. Read the exclusivity language carefully — it controls whether you still owe a fee if you end up buying a home through someone else.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

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