State guide

Selling and buying without an agent in Kentucky

What changes in Kentucky: who runs the closing, what you must disclose, and the taxes on a transfer. The national steps still apply; this is the local layer on top.

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 when the deed is recorded (KRS 142.050).
Seller disclosure
Kentucky's Seller's Disclosure of Property Condition (KREC Form 402) is required under KRS 324.360 only when a compensated real estate licensee is involved; with a listing agent the seller completes it and the agent delivers it to the buyer within 72 hours of a signed written offer, while an owner selling with no agent is not statutorily required to use the form but still may not conceal or misrepresent known defects.

Selling your own home in Kentucky is entirely legal, and thousands of owners do it every year. The state does not require you to hire an agent, and the rules you must follow are short. Here is what to keep on your radar.

Who runs your closing

Kentucky does not require an attorney to close a sale, and it sets no licensing rule for who conducts one, so both title companies and real estate attorneys handle residential closings here. 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 for a lower fee. Whichever you pick, that office drafts or reviews the deed, orders title work, holds funds in escrow, and records the deed with the county clerk. Interview two or three local providers early, since fees and service vary.

What you must disclose

Kentucky’s mandatory disclosure rule is narrower than most sellers expect. Under KRS 324.360, the Seller’s Disclosure of Property Condition (KREC Form 402) is mandatory only when a paid licensee is involved. With a listing agent, you complete the form at signing, and the agent delivers it to the buyer within 72 hours of a written, signed offer. If you sell on your own with no agent involved, the statute does not require the form at all; a buyer’s agent who later joins must still offer you a blank one. Either way, you cannot conceal or misrepresent a known defect, and two duties bind every Kentucky seller: disclosing known methamphetamine contamination under KRS 224.1-410, and, for homes built before 1978, the federal lead-based paint disclosure. Completing Form 402 voluntarily is smart practice. It covers the basement, roof, systems, water and sewer, radon, mold, and hazards such as asbestos, and it limits later claims that you hid something.

Transfer taxes

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 when the deed is recorded. On a $250,000 sale that comes to $250. Kentucky does not add a separate local transfer tax on top of the state rate, though your contract can assign who ultimately pays.

The bottom line for doing it yourself

You can absolutely sell without an agent in Kentucky. Line up a closing attorney or title company early, disclose known problems honestly in writing even if a solo sale does not strictly require Form 402, and budget the transfer tax. Handle those three things 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.

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)Kentucky Real Estate Commission · krec.ky.gov

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