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Kentucky Home Purchase Contracts & Seller Disclosures

The Kentucky Real Estate Commission’s current public forms catalog does not list a general consumer residential purchase-agreement blank. The correct path depends on whether any Kentucky real-estate licensee will receive compensation and whether the property is a condominium. The purchase agreement, Form 402 property disclosure, condominium certificate, and deed are separate documents. Choose the path that matches the transaction:

A compensated Kentucky licensee is involved

Ask the responsible brokerage for its current authorized purchase agreement and addenda. For a covered single-family residential sale where a licensee receives compensation, the seller shall complete and sign official Form 402 for a nonexempt single-family transaction covered by KRS 324.360. Delivery deadlines differ for listed property (including within 72 hours after a written signed offer) and owner-marketed property with an involved licensee (including within 120 hours after the executory contract). Commission rules also address Form 402 for certain other residential property types.

See the licensee-assisted steps

No compensated licensee is involved (pure FSBO)

KREC’s current public catalog does not list a general FSBO purchase-agreement blank. KRS 371.010 generally requires a signed writing to enforce a real-estate sale agreement. Have a Kentucky real-estate attorney prepare or review the proposed written agreement before either party signs it. KRS 324.360 does not expressly mandate Form 402 when no Chapter 324 licensee receives compensation, but parties may use it voluntarily. Do not affirmatively misrepresent conditions or intentionally conceal a known latent defect.

See the FSBO document steps
Free official Kentucky seller-disclosure form

KREC publishes Form 402 free of charge (rev. 12/2022). Under KRS 324.360, the form applies to sales and purchases of single-family residential dwellings when any person licensed under Chapter 324 receives compensation, subject to exemptions (including certain new homes with warranty, auction, and court-supervised foreclosure). The seller completes the form; a licensee may complete a portion only when the licensee owns the property or the owner requests it in writing on the form. The form is not a purchase agreement, warranty, or inspection substitute.

Open official Form 402 (PDF)

PublicLegal links free official KREC Form 402 (and condominium Form 404) instead of selling copies. We do not host, reproduce, or adapt private industry association purchase agreements that PublicLegal does not own or license.

Kentucky law and public form access checked August 2026 · Sources include KRS 324.360, 371.010, 381.9203; KREC Form 402; EPA lead

PublicLegal provides independent self-help guidance and links to official Kentucky sources. We do not sell a Kentucky purchase agreement or provide legal advice.

Kentucky does not provide a general free cancel-for-any-reason period for an ordinary home purchase. Put inspection, financing, appraisal, title, insurance, association-document, deposit-return, and cancellation rights in the signed agreement. Form 402 is not a warranty and not a substitute for inspections. Condominium buyers may have a separate limited right to void the contract under KRS 381.9203 until the seller’s certificate is supplied and for five days afterward, or until conveyance—whichever occurs first; statutory exceptions apply.

Last reviewed: August 2026 Sources: KRS 324.360 · Form 402 · KRS 371.010 · EPA lead

Editorial summary based on KRS 324.360 (seller’s disclosure of conditions form for single-family residential sales when a licensee receives compensation; Commission form authority; exemptions; written refusal; limits on licensee completion); KRS 371.010(6) (writing requirement for contracts for the sale of real estate); KRS 381.9203 (condominium seller’s certificate); Kentucky Real Estate Commission Form 402; and EPA lead materials. Confirm the current statute text and form revision before use. PublicLegal does not sell a Kentucky purchase-agreement substitute on this page.

Who this page is for

  • Buyers or sellers trying to understand how Kentucky residential purchase contracts usually work
  • People working with a Kentucky licensee who need the free official Form 402 disclosure
  • FSBO parties who need a safe written-contract path
  • Buyers tracking condominium seller’s certificates and federal lead disclosures

Who should use another path

  • Anyone looking to download a PublicLegal “official Kentucky government purchase agreement” — KREC’s public forms focus on disclosures and agency materials, not a consumer PSA blank
  • Users seeking free Kentucky REALTORS® form libraries without authorized membership or brokerage access
  • Commercial, heavily customized, development, or entity deals that need specialized Kentucky counsel from the start

The purchase agreement sets price, deposit, financing, inspection, title, closing, possession, default, and cancellation obligations. The Seller’s Disclosure of Property Condition reports conditions known to the seller. The deed conveys title later at closing. Condominium seller’s certificates are a separate track. None of these documents replaces the others.

KREC publishes a free official seller-disclosure form. It does not currently list a general consumer residential purchase-agreement blank among ordinary public forms. Brokered deals use agreements the brokerage is authorized to provide. FSBO parties should use Kentucky counsel for contract preparation or review.

Property type matters. Confirm whether KRS 324.360 applies, whether an exemption controls, and whether condominium certificate rules apply.

Two common Kentucky situations

A compensated Kentucky licensee is involved

The Kentucky Real Estate Commission’s public resources emphasize disclosures and agency materials rather than a general consumer residential purchase-agreement blank. Obtain the current purchase agreement and addenda the responsible brokerage is authorized to use. Kentucky REALTORS® and local board purchase forms are private industry materials—not free public government purchase blanks. PublicLegal does not host, sell, or adapt those association forms.

Under KRS 324.360, for sales and purchases involving single-family residential real estate dwellings where any person licensed under KRS Chapter 324 receives compensation, the Commission’s seller’s disclosure of conditions form applies. The seller completes and signs the form when executing a listing or similar marketing agreement. The original is retained by the listing broker or, for offers on unlisted property, by the broker of any licensee who presents an offer. A licensee may not complete any portion of the form unless the licensee is the owner or has been requested by the owner in writing on the form.

Statutory exemptions include residential purchases of new homes if a warranty is offered, sales of real estate at auction, and court-supervised foreclosure. If the seller refuses to complete and sign the form, the broker or sales associate involved must communicate that refusal in writing to the purchaser or prospective purchaser without unreasonable delay. Calendar condominium seller’s-certificate duties when applicable. PublicLegal does not sell a Kentucky REALTORS® lookalike.

No compensated licensee is involved (pure FSBO)

KRS 371.010 generally provides that no action shall be brought upon any contract for the sale of real estate unless the promise, contract, agreement, or some memorandum or note thereof is in writing and signed by the party to be charged, or by an authorized agent. Have a Kentucky real-estate attorney prepare or review the proposed written agreement before either party signs it.

KRS 324.360’s form requirement is keyed to compensated licensee involvement. A pure FSBO sale is not the same statutory trigger, but pure FSBO parties still need a solid written contract and should not withhold known material defects. The free official Form 402 remains a useful disclosure blank even when the statute’s licensee trigger is not met.

This page does not claim that a Kentucky attorney must personally conduct every ordinary residential closing. Title and settlement companies commonly participate. Unrepresented parties should still use counsel for the purchase agreement. PublicLegal does not sell a Kentucky purchase-agreement substitute on this page.

Kentucky Seller’s Disclosure of Property Condition

KRS 324.360 applies to sales and purchases involving single-family residential real estate dwellings if any person licensed under KRS Chapter 324 receives compensation. The Kentucky Real Estate Commission authorizes the seller’s disclosure of conditions form. Form 402 asks the seller to disclose known conditions regarding basement and roof leakage, water supply, sewage service, component systems, and other matters the Commission deems appropriate, based on the best of the seller’s knowledge.

The seller completes and signs the form at the time of executing a listing agreement or similar agreement by which a licensee intends to market the property. Delivery duties to purchasers depend on whether the property is subject to a listing agreement; confirm the current statutory subsections and Commission practice for your path. The original form is retained by the listing broker or, when an offer is presented on property not subject to a listing agreement, by the broker of the licensee who presents the offer.

The form is not 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. If the seller refuses to complete and sign the form, that refusal shall be communicated in writing by the broker or sales associate involved to the purchaser or prospective purchaser without unreasonable delay. It is a violation for a licensee to complete any portion of the form unless the licensee is the owner or has been requested by the owner, with the request acknowledged in writing on the form.

Commission regulations implementing agency and disclosure practice also address condominium seller’s certificates under KRS 381.9203 and purchaser rights connected to that certificate. Federal lead disclosures still apply to most housing built before 1978. Form 402 is not a warranty and is not a substitute for inspections.

Common exemption categories

Key points to keep straight:

  • No general consumer PSA blank on KREC public forms reviewed
  • Free official Form 402 is the Commission disclosure form—not a purchase agreement
  • KRS 324.360 applies when a compensated licensee is involved in a single-family residential sale
  • Exemptions include certain new homes with warranty, auction sales, and court-supervised foreclosure
  • Seller refusal must be communicated in writing without unreasonable delay
  • No general cooling-off period from KRS 324.360 alone
  • Association purchase agreements are restricted industry forms
  • A deed is not a substitute for the purchase agreement

Coverage, exemptions, and delivery timing turn on the exact statute text and your facts. When in doubt, ask Kentucky counsel and use the current Form 402.

Kentucky purchase checklist

Use this as a practical sequence—not a substitute for advice on your facts.

  1. Confirm whether any Kentucky real estate licensee receives compensation in the transaction
  2. Obtain the correct authorized contract or arrange transaction-specific attorney drafting/review
  3. Complete Form 402 when KRS 324.360 applies, or document written refusal promptly
  4. Deliver the disclosure on the statutory schedule for listed or unlisted property
  5. If the property is a condominium, request the seller’s certificate and calendar any purchaser contract rights
  6. Put inspection, financing, appraisal, title, and cancellation rights expressly in the contract
  7. Complete federal lead materials for most pre-1978 housing
  8. Select the title/settlement process and verify wire instructions independently
  9. Use the deed only at closing—start from the Kentucky deeds hub; warranty deed primary

Step summary

  1. Identify who supplies the written contract A licensee-assisted deal uses that brokerage’s authorized current agreement. An FSBO deal needs attorney-prepared or attorney-reviewed writing.
  2. Complete the Seller’s Disclosure of Property Condition when required Use free KREC Form 402 for covered licensee-compensated single-family sales. Deliver Form 402 on the KRS 324.360 path that applies (listed vs owner-marketed) and update if material conditions change before closing.
  3. Handle condominium and lead packages Request condominium certificates early and complete federal lead materials for most pre-1978 housing.
  4. Close and convey with the right deed Coordinate funding, title, taxes, and recording. Choose the deed type at closing—start with the Kentucky deeds hub and warranty deed product page.

Condominium certificates, lead, and other deal issues

Depending on the property and transaction, parties may also need to address:

  • Condominium track: declaration, bylaws, rules, and current Condominium Seller’s Certificate (KREC Form 404) under KRS 381.9203—association generally has 10 days after owner request; buyer may void until certificate provided and for 5 days afterward or until conveyance, whichever first; KRS 381.9201(2) exceptions may apply; licensees in condominium brokerage should advise clients in writing of purchaser rights
  • Federal lead-based paint disclosure, pamphlet, and inspection opportunity for most housing built before 1978
  • Inspection, financing, appraisal, title, survey, insurance, and closing deadlines written into the signed purchase agreement
  • Wire-fraud precautions—verify closing instructions by phone using a known number

Local practices differ across Kentucky markets. Use professionals and primary sources for your address.

Kentucky closing, title, and the deed

The purchase agreement creates the sale obligations. The deed transfers title at closing and recording. Do not treat a deed form as a substitute for the purchase contract or the seller disclosure.

This page does not claim that a Kentucky attorney must personally conduct every ordinary residential closing. Kentucky authority has allowed lay settlement agents to perform ministerial closings when they do not give legal advice. Independent Kentucky counsel is still advisable for FSBO drafting, title defects, estates, trusts, boundaries, condominium packages, and other complex matters.

PublicLegal maintains a live Kentucky deeds hub plus warranty and quitclaim product pages. Choose the deed type that matches the title warranties the parties agreed to convey; a warranty deed is a common arm’s-length option when full warranties are intended and the quitclaim deed only for limited-purpose transfers—not as the ordinary sale default.

Independently verify wire instructions. Real-estate wire fraud is common.

When to talk with a Kentucky real estate attorney

  • No Kentucky licensee is preparing the purchase agreement
  • Missing, late, or refused seller disclosures
  • Condominium certificate delays or purchaser-rights questions
  • Seller financing, title defects, estate or trust sellers, or boundary disputes
  • A party wants to cancel, rescind, or recover a deposit

What PublicLegal does not sell for Kentucky

  • An “official Kentucky government” ordinary residential purchase agreement
  • Kentucky REALTORS® purchase contracts or any lookalike or derivative
  • A paid clone of free KREC Form 402
  • A deed represented as a substitute for the purchase agreement
  • A universal cooling-off product for ordinary Kentucky resales

That keeps this page honest: orientation and primary-source links, not a substitute for authorized brokerage forms or Kentucky legal advice.

Frequently asked questions

Does KREC publish a consumer residential purchase agreement?

KREC’s public resources reviewed for this page do not list a general consumer residential purchase agreement. It does publish the free Seller’s Disclosure of Property Condition Form 402. PublicLegal does not sell a Kentucky REALTORS® lookalike.

When is the seller disclosure required?

Under KRS 324.360, the Commission form applies to single-family residential sales and purchases if any person licensed under Chapter 324 receives compensation. Exemptions include certain new homes with a warranty, auction sales, and court-supervised foreclosure.

Is Form 402 required in a pure FSBO sale?

The statute’s form path is keyed to compensated licensee involvement. Pure FSBO parties should still use a written attorney-prepared or attorney-reviewed contract and honest material-fact disclosure; Form 402 remains a useful free official blank.

Does every buyer get a free right to cancel after signing?

No. Kentucky does not provide a general cooling-off period for an ordinary residential purchase from KRS 324.360 alone. Put cancellation and contingency rights in the signed contract. Condominium purchases may involve separate certificate-based rights under KRS 381.9203.

Must an attorney attend every Kentucky closing?

This page does not claim a statewide rule requires an attorney at every ordinary residential closing. Lay settlement agents may perform ministerial closings when they do not give legal advice. Unrepresented parties and complex deals should still use Kentucky counsel for the purchase agreement.

Is a deed the same as a purchase contract?

No. The purchase agreement creates the obligation to buy and sell. Title typically transfers later by deed at closing. Start from the Kentucky deeds hub and use the warranty deed product for an ordinary sale conveyance path.

PublicLegal provides self-help forms and information. This is not legal advice. Real estate purchase and disclosure rules vary by state and transaction. Confirm requirements for your property with a qualified professional when needed.