Home sellers in Kentucky are required by law to disclose detailed information about the status and condition of their property.
Sellers need to fill out the Seller's Disclosure of Property Condition or another form that complies with state law to inform buyers about what they're potentially purchasing. They also need to comply with federal law and any local disclosures.
Kentucky asks sellers to complete the forms themselves or to authorize a real estate agent to do so for you. You must also amend the form if you learn anything that must be disclosed between the initial signing of the document and the close of your sale.[1]
In a traditional sale, your real estate agent will typically guide you through the property disclosure process and help protect you from legal pitfalls. If you're selling for sale by owner (FSBO) in Kentucky, however, you're on your own. We recommend seeking the advice of a real estate professional or attorney to ensure you follow the law.
🚨 DISCLAIMER: You shouldn't construe this article as legal advice. Clever Real Estate recommends consulting a real estate agent or a real estate attorney as you go through the disclosure process when selling your home.
Kentucky real estate disclosure requirements
State real estate disclosures
Kentucky requires sellers to disclose basic information, like how long you've owned the property, plus detailed specifics about the property.
We've summarized the key questions you'll have to answer on your seller's disclosure statement below, grouped by topic.
These questions will give you a good sense of the disclosures you'll need to make, but they aren't all the questions you'll be asked, nor are they all the disclosures you'll need to make.
You'll find everything the state of Kentucky requires you to disclose in the Seller's Disclosure of Property Condition.
Key questions on the Kentucky disclosure form
Click a topic to see the questions you'll need to answer.
Air conditioning
- Is the air conditioning system operational?
Boundary issues
- Are there any known boundary issues with the property?
Electrical problems
- Does the property have any known electrical problems?
Exterior drainage
- Has yard erosion occurred on the property?
- Is there a history of standing water on the property?
Flood dangers
- Is the property in a flood zone or floodway?
- Does the property have a history of flooding, particularly in the basement?
Hazardous materials
- Is there hazardous material present on the property?
Heating system
- Is the property's heating system operational?
Permitted improvements
- Have there been improvements on the property without proper permits?
Roof
- How old is the property's roof?
- Does the property's roof have any leaks?
Sewage and plumbing
- What type of sewage system does the property have?
- Is the sewer system operational?
Structure of the house
- Does the property have foundation problems?
- Does the property have structural defects?
Water
- What is the source of the water supply?
- Are there any known problems with the water supply?
- What is the age of the water heater?
- Is there evidence of water damage on the property?
Wood-destroying insects
- Has the property been damaged by termites?
- Has there been repairs or treatment of termite damage?
- Are there any known previous termite infestations?
Federal real estate disclosures
The Residential Lead-Based Paint Hazard Reduction Act of 1992 requires sellers to do the following:
- Give buyers the Environmental Protection Agency's Protect Your Family From Lead in Your Home pamphlet.
- Disclose lead-based paint or lead-based paint hazards.
- Provide records or reports of lead-based paint in the house, if applicable.
- Include a Lead Warning Statement confirming you complied with all notification requirements in the sales contract.
- Allow buyers a 10-day period to conduct a lead-based paint inspection or risk assessment.
The federal government requires no other real estate disclosures.
Local real estate disclosures
Check with your county or city government regarding local laws and seller disclosure requirements. Sometimes, you'll need to disclose local concerns like:
- Deaths that have occurred in the home
- Environmental hazards such as radon gas and asbestos
- Events that have stigmatized the property (violent crimes, suicide, reports of supernatural phenomena)
- History of methamphetamine production
- Homeowners Association (HOA) fees and rules
- Noise issues in the area
- Protected trees or other flora on your property
- Proximity to military facilities
- Proximity to power lines or wind farms
- Proximity to prisons and other detention facilities
- Proximity to sex offenders
Exemptions from Kentucky real estate disclosures
We found no exemptions from making disclosures in Kentucky.⚡ Compare cash offers from Kentucky cash home buyers now! They often buy houses that need repairs or have complicating factors.
FAQs about real estate disclosures in Kentucky
When should I share my property disclosures with sellers?
You should share your disclosures with prospective buyers sooner rather than later.
"It makes sense to share disclosures before a buyer submits an offer," says Clever Real Estate's Steve Nicastro, a former licensed real estate agent in the Charleston, S.C. market. "You'll avoid a situation where you go under contract, then the buyer sees the disclosure and decides that they don't want to proceed with the purchase."
In some states, you're required to post your disclosures with your listing. However, rules vary by state.
What paperwork do I need to sell a house besides Kentucky's real estate disclosure form?
If you're selling for sale by owner, read Clever's full list of documents required to sell a house, which covers the selling process from pre-listing to closing.
If you're selling with a real estate agent, you'll generally use the same documents, but your agent will guide you through all the paperwork.
Do I need to disclose if I'm in a flood risk area?
Yes, must disclose your property's flood risk on the Seller's Disclosure of Property Condition.
Only eight states don't require their own flood risk disclosure.
What happens if I lie on my disclosure form?
Lying on a disclosure document is illegal, so a buyer would have cause to sue.
A buyer could seek payment for repairs and attorney fees. In some cases, a buyer may attempt to reverse the sale.
We recommend using a real estate agent or hiring a real estate attorney to guide you through your disclosures and avoid legal trouble.
What is a "material defect"?
The International Association of Certified Home Inspectors describes a material defect as "a specific issue with a system or component of a residential property that may have a significant, adverse impact on the value of the property or that poses an unreasonable risk to people."
A system or component near or at the end of its life cycle is not considered to be a material defect.
Why trust us
Data sources
Our Research Team reviews federal and Kentucky real estate disclosure requirements once a year. We use trusted sources like federal and state governments, state and local realtor associations, and real estate professionals in our articles.
About Clever Real Estate
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Our team of industry-leading researchers is committed to making the home selling process more accessible by educating sellers through guides like this one. We've spent thousands of hours analyzing publicly available data, surveying consumers, and interviewing industry experts. The New York Times, Business Insider, Inman, Housing Wire, and many more publications have featured our research.
