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Practice Of Real EstateState_specificMEDIUM

Marcus is a licensed real estate agent in Kentucky representing a buyer who is purchasing a condominium unit in Lexington. The seller has not yet provided the required resale certificate. Marcus's buyer is eager to close quickly and asks Marcus to waive the resale certificate requirement so they can proceed. Which of the following best describes Marcus's obligation under the Kentucky Condominium Act?

Correct Answer

A) Marcus must advise the buyer that the resale certificate is required by Kentucky law and cannot be unilaterally waived by the buyer or agent

Under the Kentucky Condominium Act (KRS Chapter 381.9101 et seq.), the seller is required by law to provide the resale certificate to the buyer. This is a statutory obligation, and the buyer's right to receive this document and the associated rescission period are protections established by Kentucky law. Marcus, as the buyer's agent, must advise his client that this requirement exists under Kentucky law and cannot simply be waived by the buyer or the agent in order to expedite closing. Proper advice protects the buyer's statutory rights.

Answer Options
A
Marcus must advise the buyer that the resale certificate is required by Kentucky law and cannot be unilaterally waived by the buyer or agent
B
Marcus may waive the requirement on the buyer's behalf if the buyer provides written consent to proceed without it
C
Marcus may proceed without the resale certificate if both the buyer and seller agree in writing to close without it
D
Marcus must report the seller's failure to provide the resale certificate to KREC before the transaction can proceed

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Related Topics & Key Terms

Key Terms:

condominium_actresale_certificateagent_obligationsbuyer_protection

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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