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Mandated DisclosuresSeller_disclosure_form_requirementsMEDIUM

Two co-owners of a Kentucky investment property, James and Derek, decide that James will buy out Derek's ownership interest. Derek's real estate agent asks whether the Kentucky Seller Disclosure form must be completed for this transfer. Which answer is correct?

Correct Answer

C) The disclosure form is not required because transfers between co-owners are exempt under KRS 324.360.

KRS 324.360 exempts transfers between co-owners from the seller disclosure requirement. Because James and Derek are existing co-owners of the property, Derek's transfer of his interest to James qualifies for this specific statutory exemption, and the disclosure form is not required.

Answer Options
A
The disclosure form is required because both parties are private individuals, not institutional sellers.
B
The disclosure form is required because the transfer involves a change in ownership of residential property.
C
The disclosure form is not required because transfers between co-owners are exempt under KRS 324.360.
D
The disclosure form is not required only if the property is classified as commercial or investment real estate.

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Related Topics & Key Terms

Key Terms:

seller_disclosureco_owner_transferexemptionskrs_324_360ownership_transfer

Related Concepts

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

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