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The Kentucky Seller’s Disclosure of Property Condition, Explained
What the Kentucky Real Estate Commission’s disclosure form asks, how to answer it for your Triple Crown home, and the mistakes that cause trouble after closing.
Key takeaways
- Kentucky requires sellers who list a home with a real estate licensee to complete the Seller’s Disclosure of Property Condition form (KRS 324.360).
- It covers what you actually know about the home: roof, structure, water, systems, environmental items, the lot and legal matters.
- It is not a warranty and not an inspection. Answer honestly to the best of your knowledge.
- Disclosing a known problem protects you. Leaving it off is what creates risk after closing.
- Three kinds of sales are exempt: new homes sold with a warranty, sales at auction, and court-supervised foreclosures.
What the form is
The Kentucky Real Estate Commission publishes the Seller’s Disclosure of Property Condition form, and Kentucky law requires it whenever a home is listed with a real estate licensee, apart from three exempt kinds of sale: new homes sold with a warranty, auctions and court-supervised foreclosures. You complete it, the buyer receives it and signs that they have, and it becomes part of the record of the sale.
What it asks about
| Topic | Examples of what it covers |
|---|---|
| Roof and structure | Age of the roof, leaks, repairs, foundation or structural problems |
| Water and moisture | Basement or crawl space water, drainage, flooding, mold |
| Systems | Heating, cooling, plumbing, electrical, water heater, sewer or septic |
| Environmental | Radon tests, lead-based paint, underground tanks, other hazards |
| Land and boundaries | Easements, encroachments, survey questions, drainage |
| Legal and HOA | Homeowners association, assessments, pending legal matters |
This summarizes the form’s topics. Use the current KREC form your agent provides, and read every question.
How to answer well
- Answer from your own knowledge. If you don’t know, say so rather than guessing.
- Disclose past problems even if they were fixed, with how, when and by whom, and invoices where you have them.
- Mention anything a previous inspection, appraisal or contractor told you.
- Update the form if something changes before closing.
- Ask your agent when a question is unclear; for legal questions, ask an attorney.
Questions sellers ask
Is a seller’s disclosure required in Kentucky?
Yes, when the home is listed with a real estate licensee (KRS 324.360). Three kinds of sales are exempt: new homes sold with a warranty, sales at auction, and court-supervised foreclosures.
What happens if I don’t disclose a known problem?
It can lead to claims after closing. Disclosing a known issue, and how it was handled, is far safer than leaving it off.
Do I have to disclose something I didn’t know about?
The form asks what you know. You are not expected to discover hidden defects, but you should not avoid answering what you do know.
From The Caldwell Group
Sell your Triple Crown home with a team that knows this market
Your agent walks through the disclosure with you question by question, helps you gather the records that support your answers, and makes sure it reaches buyers at the right time, so nothing on it becomes a problem after closing.
The Caldwell Group | eXp Realty has closed 66 Triple Crown homes since 2006, 32 of them for sellers, and has helped more than 2,600 families across Northern Kentucky and Cincinnati. We price from real sales, market the home properly and handle every deadline through closing.
Dianna has helped us buy & sell multiple houses over the last 18 years. Her & her team make it as smooth as it could possibly be. Honest, available, professional and charismatic are just some of the words that come to mind. Thank you again Dianna, for helping us through the years!
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