Kentucky Statutes 324.117 – Advertising — Affiliations to be listed — Administrative regulations of commission
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(1) No real estate advertising shall be intentionally false, misleading, or deceptive. (2) The name of a deceased broker may remain a part of the firm name.
(3) A sales associate may have his or her name in the firm name after two (2) years’ experience with the firm, averaging at least twenty (20) hours per week for twenty- four (24) months.
(4) Whenever any real property is listed, a licensee shall include the name of the real estate company listed on the licensee’s real estate license or the name of the principal broker with whom the licensee is affiliated in all advertisements of the listed property, regardless of who places the advertisement, unless he or she is selling, renting, leasing, or otherwise dealing in his or her own property. If listed property is advertised by a customer or client of a listing licensee, the licensee shall, at a minimum, provide the customer or client with written notification of the requirements of this section. The licensee shall keep in his or her files a copy of the notification and any other documentation that is generated by the licensee as proof of his or her compliance with this section.
(5) The commission shall, by the promulgation of administrative regulations, define false, misleading, or deceptive advertising.
(6) The commission shall, by the promulgation of administrative regulations, define the manner in which licensees may utilize any Internet electronic communication for advertising or marketing.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 58, sec. 3, effective June 25, 2009. — Amended
2004 Ky. Acts ch. 45, sec. 4, effective July 13, 2004. — Amended 2000 Ky. Acts ch.
360, sec, 1, effective July 14, 2000 and ch. 488, sec. 12, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 313, sec. 8, effective July 15, 1998. — Amended 1992
Ky. Acts ch. 448, sec. 13, effective July 14, 1992. — Amended 1984 Ky. Acts ch.
352, sec. 5, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 196, sec. 18, effective July 15, 1982. — Created 1980 Ky. Acts ch. 353, sec. 2, effective July 15,
1980.
(3) A sales associate may have his or her name in the firm name after two (2) years’ experience with the firm, averaging at least twenty (20) hours per week for twenty- four (24) months.
Terms Used In Kentucky Statutes 324.117
- Broker: means any person who is licensed under KRS §. See Kentucky Statutes 324.010
- Commission: means the Kentucky Real Estate Commission. See Kentucky Statutes 324.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Principal broker: means a person licensed as a broker under KRS §. See Kentucky Statutes 324.010
- Real estate: means real estate in its ordinary meaning and includes timeshares, options, leaseholds, and other interests less than leaseholds. See Kentucky Statutes 324.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Sales associate: means any person licensed in accordance with KRS §. See Kentucky Statutes 324.010
(4) Whenever any real property is listed, a licensee shall include the name of the real estate company listed on the licensee’s real estate license or the name of the principal broker with whom the licensee is affiliated in all advertisements of the listed property, regardless of who places the advertisement, unless he or she is selling, renting, leasing, or otherwise dealing in his or her own property. If listed property is advertised by a customer or client of a listing licensee, the licensee shall, at a minimum, provide the customer or client with written notification of the requirements of this section. The licensee shall keep in his or her files a copy of the notification and any other documentation that is generated by the licensee as proof of his or her compliance with this section.
(5) The commission shall, by the promulgation of administrative regulations, define false, misleading, or deceptive advertising.
(6) The commission shall, by the promulgation of administrative regulations, define the manner in which licensees may utilize any Internet electronic communication for advertising or marketing.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 58, sec. 3, effective June 25, 2009. — Amended
2004 Ky. Acts ch. 45, sec. 4, effective July 13, 2004. — Amended 2000 Ky. Acts ch.
360, sec, 1, effective July 14, 2000 and ch. 488, sec. 12, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 313, sec. 8, effective July 15, 1998. — Amended 1992
Ky. Acts ch. 448, sec. 13, effective July 14, 1992. — Amended 1984 Ky. Acts ch.
352, sec. 5, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 196, sec. 18, effective July 15, 1982. — Created 1980 Ky. Acts ch. 353, sec. 2, effective July 15,
1980.