Kentucky Seller Disclosure Requirements | KRS 324.360

Key Information

Kentucky requires sellers of residential real property to complete a Seller Disclosure of Property Condition form under Kentucky Revised Statutes §324.360. The disclosure must be provided to the buyer before the buyer makes a written offer. Kentucky's form covers known defects in major property systems and environmental conditions. Kentucky also requires lead-based paint disclosure for pre-1978 homes under federal law 42 U.S.C. §4852d. BuildMyListing helps Kentucky agents document property conditions and generate compliant listing packages.

Pricing: Starting $99/month

Time Required: Complete disclosure package in one workflow

The Problem

Kentucky's KRS 324.360 requires the Seller Disclosure of Property Condition form to be provided before the buyer makes a written offer. Missing the pre-offer delivery requirement or omitting known conditions creates disclosure liability for the seller and listing agent under Kentucky real estate license law.

The Solution

BuildMyListing helps Kentucky listing agents structure the property condition documentation, meet the KRS 324.360 pre-offer delivery requirement, and generate professional listing packages with compliance tracking.

Key Features

KRS 324.360 Disclosure Documentation

Structure property condition information aligned with Kentucky's Seller Disclosure of Property Condition form categories — roof, HVAC, plumbing, electrical, foundation, environmental hazards, and legal matters.

Benefit: Organized documentation that meets KRS 324.360 requirements

Pre-Offer Delivery Workflow

Kentucky requires the disclosure form before the buyer's written offer. BuildMyListing includes delivery tracking to ensure the form reaches the buyer at the correct stage in the transaction.

Benefit: Meet Kentucky's pre-offer timing requirement consistently

Lead-Based Paint Addendum

For Kentucky homes built before 1978, the federal lead-based paint disclosure form and EPA pamphlet delivery are included as required by 42 U.S.C. §4852d.

Benefit: Federal compliance built in for pre-1978 Kentucky properties

MLS-Ready Listing Package

Generate enhanced photos, MLS description, flyers, and social captions alongside compliance documentation — all in one workflow.

Benefit: Listing-ready in a single session

How It Works

Enter Property Details and Known Conditions

Input the property address, construction year, and known conditions. BuildMyListing flags Kentucky disclosure categories based on property type and age.

Generate Kentucky Disclosure Checklist

A Kentucky-specific checklist is generated covering KRS 324.360 categories, lead paint requirements for pre-1978 homes, and any applicable environmental disclosures.

Download Listing Package with Compliance Documentation

Download the complete listing package with enhanced photos, MLS description, and a compliance summary with delivery timestamps for your broker file.

Compliance Reference

Disclosure Requirement	Legal Basis	When Required	Notes
Seller Disclosure of Property Condition	KRS 324.360	All residential sales	Must be provided before the buyer makes a written offer. Covers known defects in major systems and environmental conditions.
Lead-based paint disclosure	42 U.S.C. §4852d (federal)	Homes built before 1978	Federal law requires disclosure, EPA pamphlet delivery, and 10-day inspection right for buyer.
Karst / sinkhole disclosure	Best practice / material defect	Where applicable	Kentucky has significant karst topography in central and southern regions. Known sinkhole activity or karst risk should be disclosed as a material condition.
Coal mine subsidence / former mining	Best practice / material defect	Eastern KY coal country	Known coal mine subsidence risk or former mining activity on or adjacent to the property should be disclosed. Consult a licensed real estate attorney.
Flood plain disclosure	Best practice	Where applicable	Known flood plain designation and flood history should be disclosed as material conditions.

Common Use Cases

Louisville Home with Known HVAC Issues

Scenario: Agent listing a 1975 home in Louisville where the seller discloses the HVAC system needs replacement. Known condition must be captured in the KRS 324.360 disclosure form and federal lead paint requirements apply.

Process: Document HVAC condition → BuildMyListing generates Kentucky disclosure checklist with HVAC section and lead paint addendum → Pre-offer delivery tracked → Full package downloaded

Compliance: Known material condition documented — KRS 324.360 and federal lead paint requirements satisfied

Eastern Kentucky Property Near Former Mine

Scenario: Agent listing a property in eastern Kentucky near former coal mining activity. Potential subsidence risk should be disclosed as a material condition.

Process: Flag mining proximity in property details → BuildMyListing notes material condition in disclosure workflow → Package includes recommendation for attorney review → Full listing package generated

Compliance: Potential material condition documented — seller directed to consult attorney for mine subsidence disclosure language

Frequently Asked Questions

What is Kentucky's Seller Disclosure of Property Condition requirement?

Kentucky Revised Statutes §324.360 requires sellers of residential real property to provide a Seller Disclosure of Property Condition form before the buyer makes a written purchase offer. The form covers known defects in major property systems: roof, foundation, HVAC, plumbing, electrical, and environmental conditions. The Kentucky Real Estate Commission and the Kentucky Association of Realtors provide standardized forms used statewide.

What happens if a Kentucky seller doesn't provide the disclosure form?

Under KRS 324.360, failure to provide the disclosure form before the buyer's offer can expose the seller to license law violations and potential civil liability for misrepresentation. A buyer who purchases a property without receiving the required disclosure and later discovers an undisclosed known defect may have claims for rescission or damages. The listing agent who fails to ensure proper disclosure delivery may also face Kentucky Real Estate Commission disciplinary action. Consult a licensed real estate attorney for specific guidance.

Does Kentucky require disclosure of sinkhole risk?

Kentucky does not have a specific sinkhole disclosure statute for residential sales (as of early 2026). However, Kentucky has significant karst topography in central and southern regions, and known sinkhole activity or karst risk is a material condition that should be disclosed under the general material defect disclosure obligation. Karst terrain can affect foundation stability, drainage, and property value significantly. If a seller is aware of sinkhole activity, this should be disclosed and documented. Consult a licensed real estate attorney for specific guidance.

Does Kentucky require disclosure of coal mine history?

Kentucky does not have a standalone coal mine subsidence disclosure statute for residential sales (as of early 2026). However, known coal mine subsidence risk or former mining activity on or near the property is a material condition. Eastern Kentucky has extensive coal mining history, and buyers in affected areas should be aware of potential subsidence risks. Known mining history or subsidence evidence should be disclosed as a material defect. Consult a licensed real estate attorney for specific guidance on mining-related disclosure.

When does lead paint disclosure apply in Kentucky?

Federal law — 42 U.S.C. §4852d — requires lead-based paint disclosure for housing built before 1978, including Kentucky properties. Sellers must provide the disclosure form, deliver the EPA pamphlet, disclose known lead hazards, and give buyers 10 days for a lead inspection. This is separate from and in addition to Kentucky's state Seller Disclosure of Property Condition form.

Are there exemptions from Kentucky's KRS 324.360 disclosure requirement?

Yes, KRS 324.360 provides exemptions for certain transfers including: transfers between co-owners or relatives, transfers pursuant to a court order, foreclosure and trustee sales, transfers by governmental entities, new construction that has not been occupied, and transfers by executors or administrators of an estate. Confirm exemption status with a licensed real estate attorney before advising sellers to skip the form.

How does Kentucky disclosure compare to neighboring Tennessee and Ohio?

Kentucky's KRS 324.360 pre-offer disclosure model is similar to Tennessee's Residential Property Condition Disclosure, Ohio's Residential Property Disclosure form, and Indiana's IC §32-21-5 Sales Disclosure Form — all require standardized forms before or at offer time. Virginia (Va. Code §55.1-702) uses a similar model. Kentucky's distinctive disclosures relate to its karst topography and coal mining history, which are less common in neighboring states.

BuildMyListing provides compliance documentation — does it provide legal advice?

No. BuildMyListing provides compliance documentation tools, not legal advice. The platform helps agents structure and document the disclosure process but does not provide legal interpretation of Kentucky statutes or advise on specific disclosure obligations. Consult a licensed real estate attorney for questions about your disclosure obligations, karst or mine subsidence disclosure language, or legal liability in Kentucky transactions.

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Kentucky Listing Disclosure Requirements — KRS 324.360 Explained