Kentucky guide
Dual Agency Disclosure in Kentucky
In Kentucky, an agent can only represent both you and the seller in the same deal if you give written, fully informed consent before they start that dual role.
Reading as buyer.
TL;DR
In Kentucky, an agent can only represent both you and the seller in the same deal if you give written, fully informed consent before they start that dual role. Once you agree, your agent legally cannot share the seller's lowest acceptable price with you and cannot push hard on your behalf during negotiations. You always have the right to say no and ask for a different agent or a designated-agent arrangement instead.
Before you start — 7 things to know
Dual agency in Kentucky is legal but only when both you and the seller sign the Agency Consent Form first — your agent cannot just start acting as a dual agent without your written approval.
Once you agree to dual agency in Kentucky, your agent cannot tell you how low the seller would actually go, and they cannot share your maximum budget with the seller either.
A Kentucky dual agent is no longer your advocate — they become a neutral facilitator who keeps the deal moving but cannot strongly negotiate for your side.
If you already shared confidential information like your top price with an agent who is also working with the seller, you may be in an inadvertent dual agency situation in Kentucky — ask for the Agency Consent Form before the next conversation.
You always have the right to refuse dual agency in Kentucky and ask for separate representation, either from a different agent at the same brokerage (called designated agency) or a different firm entirely.
Undisclosed dual agency — where the agent never told you they also worked with the seller — is a serious license violation under Kentucky law and can be reported to the Kentucky Real Estate Commission.
Many Kentucky brokerages now prefer designated agency for in-house deals, which means a separate agent at the same firm represents you so you still get full loyalty instead of a neutral facilitator.
The timeline — step by step
Before any substantive talks about price, terms, or strategy, ask the Kentucky agent who they currently represent on the property you are interested in.
If the same agent also represents the seller, request the Kentucky Agency Consent Form and read it carefully before signing anything.
Decide whether you want to consent to dual agency, ask for a designated agent from the same brokerage, or hire a different agent at another firm entirely.
If you choose to consent, sign the Agency Consent Form before any further confidential discussions — Kentucky requires this consent in writing before the agent can act as a dual agent.
Negotiate the purchase price knowing your Kentucky dual agent cannot disclose the seller's bottom-line price to you and cannot advocate strongly on your behalf.
Keep a copy of the signed Kentucky Agency Consent Form for your records in case any disclosure or representation issues come up after closing.
Common questions
Can my Kentucky agent represent both me and the seller at the same time?
What can my agent no longer do once dual agency starts in Kentucky?
Do I have to agree to dual agency if my agent suggests it?
What happens if my agent acted as a dual agent in Kentucky without telling me?
Is designated agency the same as dual agency in Kentucky?
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