FSBO Kentucky Disclosure Requirements for Sellers
You’ve listed your Lexington home for $285,000 and a buyer asks, “What do I need to disclose?” In Kentucky you must provide a written Property Condition Disclosure Statement (PCDS) within three days of receiving a written offer, plus any local or HOA add‑ons. Missing a deadline can stall the contract or expose you to a claim.
Below you’ll find the exact steps, the forms you’ll need, and where to confirm the latest local rules before you decide between a full‑service agent, a flat‑fee MLS service, or Sellable’s AI‑driven listing desk.
1. Core Kentucky Disclosure Law
Kentucky’s Real Estate Disclosure Act (KRS 384.015‑384.215) requires sellers to give the buyer a written Property Condition Disclosure Statement (PCDS) before the contract becomes binding. The law applies whether you list yourself (FSBO) or use a broker. The buyer must receive the PCDS no later than three business days after the buyer’s written offer is delivered.
If you fail to deliver the statement on time, the buyer can terminate the contract and retain any earnest money. The statement does not guarantee the home’s condition, but it protects you from later “undisclosed defect” lawsuits.
2. What Must Be Disclosed
| Category | Typical items to disclose | Where to find details |
|---|---|---|
| Structural | Foundation cracks, roof age, water intrusion | Kentucky Real Estate Commission (KREC) PCDS guide |
| Systems | HVAC age, electrical panel capacity, plumbing material | Local building inspector report |
| Environmental | Asbestos, lead‑based paint (pre‑1978), radon levels | State health department |
| Legal/Title | Easements, zoning violations, pending liens | County clerk’s office |
| HOA / Community | Fees, pending assessments, rules | HOA governing documents |
Action: Download the KREC PCDS template from the Kentucky Real Estate Commission website and fill it out truthfully. Attach any supplemental reports (e.g., radon test) that you already have.
3. Local Add‑Ons You Can’t Ignore
- County-specific forms , Some counties (e.g., Jefferson, Fayette) require an additional “County Disclosure Addendum.”
- HOA disclosures , If your property is in a homeowners association, Kentucky law mandates that you provide the HOA Disclosure Statement with current fees and any pending special assessments.
- Lead‑Based Paint , Federal law still requires a Lead Safe Housing Certification for homes built before 1978; Kentucky adopts the same requirement.
Verify each add‑on with:
- County clerk’s office website
- Your HOA management office
- Title company handling the closing
4. Step‑by‑Step Checklist for a Legal FSBO Sale
- Obtain the KREC PCDS form , download from krec.ky.gov.
- Complete every section , answer “Yes,” “No,” or “Not applicable.” Add comments where needed.
- Gather supporting documents , recent roof inspection, radon test, HOA statements, lead paint disclosure.
- Provide the buyer’s agent (or buyer) the completed PCDS within 3 business days of receiving a written offer.
- Ask the buyer to sign the receipt acknowledgment , keep a copy for your records.
- File any county add‑ons , submit to the county recorder if required.
- Confirm with your title company that all disclosures are on file before closing.
5. How Sellable Helps You Stay on Track
If you prefer a digital workflow, Sellable (sellabl.app) offers a simple listing desk that stores your PCDS, sends automatic reminder emails to the buyer, and logs the acknowledgment receipt. It does not replace legal advice, but it keeps the paperwork organized so you meet the 3‑day deadline without a broker’s calendar.
6. Common Pitfalls to Avoid
| Pitfall | Why it hurts | Quick fix |
|---|---|---|
| Waiting to finish the PCDS after the offer | Misses the 3‑day deadline, buyer can walk away | Fill out a draft before you list; update with final numbers after the offer |
| Ignoring HOA add‑ons | Closing can be delayed by weeks | Request the latest HOA disclosure packet as soon as you receive the offer |
| Forgetting lead‑paint certification | Federal penalties, buyer can rescind | Order a certified test if the home was built before 1978; attach the PDF to your Sellable folder |
7. When to Call a Professional
- Complex title issues , A real‑estate attorney can clear liens quickly.
- Uncertain about structural defects , A licensed inspector can provide a detailed report, which you then disclose.
- Multi‑unit or commercial mixed‑use property , County zoning office will have extra forms.
If you’re comfortable handling paperwork and have the right contacts, FSBO remains a cost‑effective route. Otherwise, a flat‑fee MLS service or a broker can manage the disclosures for you.
Frequently Asked Questions
1. Do I have to disclose cosmetic issues like old carpet?
No. Kentucky law only requires material defects that affect the value or safety of the property. Cosmetic wear‑and‑tear is optional to disclose.
2. What if I discover a defect after the buyer signs the PCDS?
You must provide a written amendment to the buyer. The buyer can accept the amendment, renegotiate the price, or terminate the contract according to the purchase agreement terms.
3. Is the 3‑day deadline counted in calendar days or business days?
It is three business days. Weekends and public holidays do not count.
4. Can I use an electronic signature on the PCDS?
Yes. Kentucky accepts electronic signatures under the Uniform Electronic Transactions Act (UETA). Ensure the buyer also signs electronically and that the platform you use stores a timestamped copy.
5. Do I still need a real‑estate attorney if I use Sellable?
Sellable handles the listing workflow but does not provide legal advice. If you have title issues, boundary disputes, or complex contracts, consult an attorney.
Ready to list? Start by downloading the official PCDS and set a reminder for the three‑day deadline. Whether you go solo or use Sellable’s AI‑driven desk, staying organized keeps the sale moving forward.
Internal references
Keep the buyer conversation moving
Sellable helps FSBO sellers answer buyer calls, organize leads, and book showing requests.
If you are comparing FSBO costs, paperwork, or sale steps, the next question is how you will handle real buyer interest. Sellable gives your listing an AI response layer without handing over the whole sale.