State guide

How to Sell a House by Owner in Kentucky

To sell a house by owner in Kentucky, use a title company or a Kentucky attorney for the closing, since Kentucky does not require a lawyer to run one, and fill out the Seller's Disclosure of Property Condition (KREC Form 402), which KRS 324.360 calls for only when a paid real estate licensee is involved. As the seller you pay the state transfer tax of $0.50 for each $500 of the price under KRS 142.050, which the county clerk collects before recording the deed.

  1. Price it from recent sales of similar homes nearby. Your county Property Valuation Administrator (PVA) values homes by comparing recent nearby sales, and the Kentucky Department of Revenue says the PVA should be able to give you the list of sales used for your own home's assessment. Kentucky Department of Revenue
  2. Fill out the Kentucky Real Estate Commission's Seller's Disclosure of Property Condition (KREC Form 402), which asks about the basement, roof, water supply, sewer, flood zone, radon, mold and other known problems. KRS 324.360 calls for it only when a paid real estate licensee is involved: with no listing agreement, a licensee such as a buyer's agent must ask you to complete it and, if you refuse, tell the buyer in writing; with no licensee it is optional. KRS 324.360, Kentucky Legislature
  3. If the house was built before 1978, federal law requires you to give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home, disclose any lead paint you know of, hand over any lead reports, and include a Lead Warning Statement in the contract before the buyer signs it. U.S. EPA, Lead Disclosure Rule
  4. Put the sale in a written purchase contract signed by you and the buyer, because Kentucky's statute of frauds, KRS 371.010, bars a lawsuit on an unwritten contract to sell real estate. The Kentucky Real Estate Commission's prescribed forms (201 KAR 11:121) do not include a purchase contract, so have a Kentucky attorney draft it or review the buyer's draft. KRS 371.010, Kentucky Legislature
  5. Choose a Kentucky real estate attorney or a title company to run the closing, hold the money and record the deed. Kentucky does not require a lawyer at closing: Kentucky Bar Association opinion KBA U-31 says a non-lawyer may conduct one as long as no legal advice is given, and the court rulings it cites treat preparing deeds for other people as work for a lawyer. Kentucky Bar Association, KBA U-31
  6. Pay the state real estate transfer tax, which KRS 142.050 places on you as the grantor: $0.50 for each $500 of value or fraction of $500, or $250 on a $250,000 sale. The county clerk collects it before accepting the deed for recording. KRS 142.050, Kentucky Legislature
  7. Record the deed with the county clerk of the county where the home is located. Under KRS 382.135 the deed must list both parties' full names and mailing addresses, the full price, and the address for that year's property tax bill, plus a notarized certificate signed by you and the buyer stating that the price shown is the full price paid. KRS 382.135, Kentucky Legislature
Closing handled by
Title company or attorney
Attorney customary
Yes
Transfer tax
Kentucky levies a state real estate transfer tax of $0.50 for each $500 of value, or fraction thereof, on the grantor (the seller), collected by the county clerk before the deed is accepted for recording (KRS 142.050); the clerk keeps 5 percent as a collection fee and sends the rest to the county general fund.
Seller disclosure
Kentucky's Seller's Disclosure of Property Condition (KREC Form 402) applies under KRS 324.360 only when a compensated real estate licensee is involved; with a listing agent the seller completes it when signing the listing agreement and the agent delivers it to the buyer within 72 hours of receiving a signed written offer, and in an owner sale with a paid buyer's licensee that licensee must ask the owner to complete it and, if the owner does, deliver it within 120 hours after a contract is formed. With no licensee the statute does not require the form, but an owner whose property carries a posted methamphetamine contamination notice and has not been decontaminated must disclose that in writing (KRS 224.1-410(10)), and the federal lead paint disclosure applies to most homes built before 1978.

Selling your own home in Kentucky is legal, and the state does not require you to hire an agent. Here is what to keep on your radar.

Who runs the closing in Kentucky?

Kentucky does not require an attorney to close a sale. The Kentucky Bar Association’s opinion KBA U-31 treats the closing itself as a mostly financial, ministerial step that a non-lawyer can conduct as long as no legal advice is given, so both title companies and real estate attorneys handle residential closings here. Preparing a deed or mortgage for someone else is legal work, so a title company has a lawyer prepare or approve it, and every deed must show the name and address of the person who prepared it (KRS 382.335). As a for-sale-by-owner seller, you get to choose. Many owners hire an attorney because no agent is there to catch problems, while others use a title company. Whichever you pick, that office usually prepares or reviews the deed, orders title work, holds funds in escrow, and records the deed with the county clerk. Ask two or three local providers for their fees early, since fees and service vary.

What must you disclose when selling a house in Kentucky?

Kentucky’s seller disclosure rule depends on whether a paid real estate licensee is part of the sale. Under KRS 324.360, the Seller’s Disclosure of Property Condition (KREC Form 402) applies only when a licensee receives compensation. With a listing agent, you complete and sign the form when you sign the listing agreement, and the agent delivers it to the buyer within 72 hours of receiving a written, signed offer. If you sell on your own and a buyer’s agent is paid, that licensee must give you a blank form and ask you to complete it; if you do, the licensee delivers it to the buyer within 120 hours after the contract is formed. With no licensee at all, the statute does not require the form.

Two duties apply either way. An owner of property that carries a posted methamphetamine contamination notice and has not been decontaminated must disclose that in writing to buyers under KRS 224.1-410(10). For most homes built before 1978, federal law requires the lead-based paint disclosure before the buyer signs the contract. Completing Form 402 voluntarily is still smart practice. It covers the basement, roof, house systems, water and sewer, flood zone, radon, mold, and hazards such as asbestos, and it puts what you told the buyer in writing. The form itself says it is not a warranty and does not replace the buyer’s own inspection.

What transfer taxes do you pay in Kentucky?

Kentucky imposes a state real estate transfer tax of $0.50 for each $500 of value, or any fraction of that amount, under KRS 142.050. The tax falls on the grantor, meaning you as the seller, and the county clerk collects it before accepting the deed for recording. On a $250,000 sale that comes to $250. The clerk keeps 5 percent as a collection fee and sends the rest to the county general fund. If you and the buyer agree to share the tax, put that in the contract. The clerk also charges a recording fee, which KRS 64.012 sets at $33 for a deed of up to five pages plus $3 for each extra page.

Can you sell without an agent in Kentucky? The bottom line

You can sell without an agent in Kentucky. Line up a closing attorney or title company early, put what you know about the home’s condition in writing even if a solo sale does not require Form 402, and budget for the transfer tax and recording fee. Handle those well and the rest is mostly paperwork and patience.

This guide is general information, not legal advice. For your specific situation, consult a licensed Kentucky attorney or the relevant state agency.

Every state's disclosure rule sits side by side, with a CSV, in seller disclosure requirements by state.

What is your home in Kentucky worth? Get a free estimate from your ZIP code, with the agent fee on that price. No email, no account.

Where can you list a home for sale by owner in Kentucky? See how the US for-sale-by-owner sites compare on cost and MLS access.

Selling by owner in a neighbouring state: Illinois, Indiana, Missouri, Ohio, Tennessee, Virginia, West Virginia.

Sources used on this page

Every legal, tax, and process claim on this page traces to one of these. We re-check them on a schedule and date the page when anything changes.

  1. Real estate transfer tax (KRS 142.050)Kentucky Legislature · apps.legislature.ky.gov
  2. Form for seller's disclosure of conditions (KRS 324.360)Kentucky Legislature · apps.legislature.ky.gov
  3. Seller's Disclosure of Property Condition (KREC Form 402, 12/2022)Kentucky Real Estate Commission · krec.ky.gov
  4. Standards of professional conduct, incorporating KREC Form 402 (201 KAR 11:121)Kentucky Legislature · apps.legislature.ky.gov
  5. Methamphetamine contamination and written disclosure by owners (KRS 224.1-410)Kentucky Legislature · apps.legislature.ky.gov
  6. Statute of frauds, contracts to be written (KRS 371.010)Kentucky Legislature · apps.legislature.ky.gov
  7. Recording of deeds, place of recording and source of title (KRS 382.110)Kentucky Legislature · apps.legislature.ky.gov
  8. Statement of consideration and addresses required in deeds (KRS 382.135)Kentucky Legislature · apps.legislature.ky.gov
  9. Preparer's name and address required for recording (KRS 382.335)Kentucky Legislature · apps.legislature.ky.gov
  10. Fees of county clerks, deed recording (KRS 64.012)Kentucky Legislature · apps.legislature.ky.gov
  11. Unauthorized Practice of Law Opinion KBA U-31 (real estate closings)Kentucky Bar Association · kybar.org
  12. The Assessment Process for Real PropertyKentucky Department of Revenue · revenue.ky.gov
  13. Real Estate Disclosures about Potential Lead HazardsU.S. Environmental Protection Agency · epa.gov

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