Key Takeaways

  • Written listing agreements are required for brokers to earn a commission in Kentucky
  • Kentucky uses standard agreement types: Exclusive Right to Sell, Exclusive Agency, and Open Listing
  • Buyer representation agreements establish the broker's duties and compensation terms
  • All listing agreements must include essential terms: price, term, commission, and property description
  • Net listings are PROHIBITED in Kentucky as they create a conflict of interest
Last updated: January 2026

Representation Agreements & Prohibited Practices

In Kentucky, written agreements are required to establish agency relationships and earn commissions.

Types of Listing Agreements

1. Exclusive Right to Sell

FeatureDescription
Commission earnedIf property sells by ANY source
Broker exclusivityOnly one broker
Owner can sellYes, but still pays commission
Most commonYes, preferred by brokers

2. Exclusive Agency

FeatureDescription
Commission earnedIf property sells through agent
Broker exclusivityOnly one broker
Owner can sellYes, without paying commission
CommonLess common than Exclusive Right

3. Open Listing

FeatureDescription
Commission earnedOnly if that broker procures buyer
Broker exclusivityNone—multiple brokers possible
Owner can sellYes, without paying commission
CommonLeast common, least favorable

PROHIBITED: Net Listings

Net listings are PROHIBITED in Kentucky because they create conflicts of interest:

What is a Net Listing?Why Prohibited?
Seller sets minimum net amountAgent's interest conflicts with seller's
Agent keeps everything over netIncentive to undervalue property
No standard commissionInvites disputes and fraud

Exam Alert: Net listings are a prohibited practice in Kentucky. Using a net listing can result in disciplinary action by KREC.

Required Listing Agreement Elements

Kentucky listing agreements must include:

ElementRequirement
Property descriptionAddress and/or legal description
Listing priceSeller's asking price
Commission termsAmount or percentage
Expiration dateDefinite termination date
Broker informationName, license number
SignaturesSeller and broker

Buyer Representation Agreements

Purpose

A Buyer Representation Agreement establishes:

  • Agency relationship with buyer
  • Broker's duties to buyer
  • Compensation terms
  • Duration of representation

Types of Buyer Agreements

TypeDescription
Exclusive BuyerBuyer works only with this broker
Non-Exclusive BuyerBuyer may work with multiple brokers

Required Elements

ElementPurpose
Scope of representationTypes of property sought
Geographic areaWhere buyer wants to purchase
CompensationHow broker will be paid
DurationStart and end dates

Protection Periods (Safety Clauses)

What is a Protection Period?

A protection period (safety clause) protects the broker's commission after the agreement expires.

If This HappensBroker Earns Commission
Agreement expiresNo, unless...
Client buys/sells within protection periodYes, if broker procured client
Client listed with another brokerUsually no (override clause)

Standard Protection Period

  • Typically 30-90 days after expiration
  • Applies to clients broker introduced during term
  • Broker should provide written list of prospects

Termination of Agreements

How Agreements End

MethodDescription
ExpirationEnd date reached
CompletionTransaction closes
Mutual consentBoth parties agree to terminate
BreachMaterial violation by either party

Early Termination

A listing can be withdrawn by the seller, but:

SituationConsequence
Seller withdrawsMay still owe commission per agreement
Broker terminatesNo commission owed
Mutual terminationPer agreement terms

Key Point: Withdrawal does not automatically relieve commission obligation—review agreement terms.

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Types of Listing Agreements
Test Your Knowledge

Under which type of listing agreement does the broker earn a commission regardless of who sells the property?

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B
C
D
Test Your Knowledge

Why are net listings prohibited in Kentucky?

A
B
C
D
Test Your Knowledge

What is the typical duration of a protection period (safety clause) in Kentucky listing agreements?

A
B
C
D