2.4 Representation Agreements & Prohibited Practices

Key Takeaways

  • A written, signed agreement with a definite expiration date is required for a Kentucky broker to enforce a commission claim
  • The three listing types are exclusive right to sell, exclusive agency, and open listing, distinguished by who can earn the commission
  • Net listings are prohibited in Kentucky because they create a conflict between the agent's pay and the seller's interest
  • Listing and buyer agreements must include a property/scope description, price or compensation, definite term, and broker and signature information
  • Protection (safety) clauses preserve commission for buyers the broker introduced, typically for 30–90 days after expiration
Last updated: June 2026

Why Written Agreements Matter in Kentucky

Kentucky requires a written, signed agreement with a definite expiration date for a broker to enforce a commission claim. KREC regulations prohibit open-ended ("automatic renewal" or indefinite) listings; a definite termination date is a hallmark of a compliant agreement and a frequent exam point. An oral listing may exist between the parties, but the broker generally cannot compel payment of a commission without the writing.

The Three Listing Agreement Types

The listing types differ only in who can earn the commission, so the exam tests scenarios where the owner finds the buyer.

1. Exclusive Right to Sell

FeatureDetail
Commission earnedIf the property sells during the term by ANY source
Broker exclusivityOne broker only
Owner sells it themselvesStill owes commission
PopularityMost common; most protective for the broker

2. Exclusive Agency

FeatureDetail
Commission earnedIf the property sells through the broker's efforts
Broker exclusivityOne broker only
Owner sells it themselvesOwes no commission
PopularityLess common

3. Open Listing

FeatureDetail
Commission earnedOnly the broker who procures the buyer is paid
Broker exclusivityNone; multiple brokers may list
Owner sells it themselvesOwes no commission
PopularityLeast common; least favorable to brokers

Worked example: A seller signs an exclusive right to sell and then personally finds the buyer at a backyard barbecue. The broker is still owed the full commission. Under an exclusive agency or open listing, the same owner-procured sale would owe the broker nothing. Watch for that exact fact pattern.

Prohibited Practice: Net Listings

Net listings are PROHIBITED in Kentucky. In a net listing the seller names a minimum net amount and the agent keeps everything above it as commission.

Why sellers are temptedWhy Kentucky bans it
Seems to guarantee a fixed netAgent profits by underpricing the property
No stated commission rateDirectly conflicts with the duty of loyalty
Simple mathInvites fraud and disputes; harms the seller

Exam Alert: A net listing is a prohibited practice that can lead to KREC disciplinary action against the license. If a question shows the agent keeping "everything over the seller's net," the correct answer is that the arrangement is illegal in Kentucky.

Required Elements of a Listing Agreement

ElementRequirement
Property descriptionAddress and/or legal description
Listing priceThe seller's asking price
Commission termsStated amount or percentage
Definite expiration dateA fixed end date (no automatic renewal)
Broker informationBrokerage name and licensee identification
SignaturesSeller and broker (or authorized licensee)

Buyer Representation Agreements

A Buyer Representation Agreement is the buyer-side counterpart to a listing. It establishes the agency relationship (paired with Form 401B), the broker's duties, the compensation, and the duration of representation.

Two Common Forms

TypeDetail
Exclusive buyer agreementBuyer works only with this broker; broker is paid if the buyer purchases through anyone
Non-exclusive buyer agreementBuyer may work with multiple brokers; only the procuring broker is paid

Required Elements

ElementPurpose
Scope of representationProperty type and search parameters
Geographic areaWhere the buyer intends to purchase
CompensationHow and by whom the broker is paid
Definite termStart and fixed end dates

Protection Periods (Safety Clauses)

A protection period, also called a safety or override clause, preserves the broker's commission after the agreement expires, so a client cannot wait out the term to dodge the fee.

If this happens after expirationBroker earns commission?
Agreement simply expires, no saleNo
Client buys/sells within the protection period to someone the broker introduced during the termYes
Client signs a new listing with another brokerUsually no (override yields to the new broker)

How Protection Periods Work

  • The window typically runs 30–90 days after expiration.
  • It applies only to prospects the broker introduced during the agreement term.
  • Best practice is for the broker to deliver a written list of protected prospects to the client at expiration.

Worked scenario: A 90-day listing expires. Eleven days later the seller sells privately to a couple the listing agent showed the home to during the term, and the listing had a 60-day protection period. The broker is owed the commission because the buyer was introduced during the term and the sale closed inside the protection window.

Terminating Agreements

MethodEffect
ExpirationEnds at the definite end date
Completion (closing)Transaction performed; agency ends
Mutual consentBoth parties agree to release
BreachMaterial violation by either party

Early Termination

SituationConsequence
Seller withdraws the listingMay still owe commission per the agreement
Broker terminates voluntarilyGenerally no commission owed
Mutual terminationPer the agreed terms

Key Point: Withdrawing a listing does not automatically cancel the commission obligation. Whether money is owed depends on the agreement's terms and the protection clause – a classic exam distractor that tempts students into thinking withdrawal is free.

Test Your Knowledge

Under which Kentucky listing agreement does the broker earn a commission even if the owner personally finds the buyer?

A
B
C
D
Test Your Knowledge

Why does Kentucky prohibit net listings?

A
B
C
D
Test Your Knowledge

A 90-day exclusive listing with a 60-day protection period expires. Fifteen days later the seller privately sells to a buyer the agent had shown the home during the term. What is the result?

A
B
C
D