Kentucky Statutes 324.990 – Engaging in real estate brokerage without license — Penalties
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(1) Any person engaging in real estate brokerage without a license shall be guilty of a Class A misdemeanor for a first offense and a Class D felony for any subsequent offenses. A person who engages in real estate brokerage without a license due to failure to renew a previously valid Kentucky license shall not be subject to this penalty if the person is entitled to and does avail himself of the remedial provisions of KRS § 324.090(3).
(2) In addition to the penalties set out in this chapter, a Circuit Court may impose an additional penalty on any person who violates any provision of this chapter by fining them not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoning them for a term not to exceed six (6) months, or both. Upon conviction, in addition to the aforesaid fine, there shall be added to the fine the amount of any real estate brokerage commission paid or received as a result of the violation or violations in question. Each transaction shall be regarded as a separate offense and shall be punished as such.
For details, see § 532.060 and § 532.090
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 45, sec. 10, effective July 13, 2004. — Amended
1978 Ky. Acts ch. 172, sec. 12, effective June 17, 1978; and ch. 316, sec. 10, effective June 17, 1978. — Amended 1960 Ky. Acts ch. 215, sec. 6, effective June 16,
1960. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 3990e-10.
Legislative Research Commission Note. No change was made in this section by Acts
1978, ch. 316, § 10 (1). Subsections (2) and (3) of section 10 of such act have been compiled as KRS § 367.990 (14). This section was also amended by Acts 1978, ch.
172, § 12, as printed above.
(2) In addition to the penalties set out in this chapter, a Circuit Court may impose an additional penalty on any person who violates any provision of this chapter by fining them not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoning them for a term not to exceed six (6) months, or both. Upon conviction, in addition to the aforesaid fine, there shall be added to the fine the amount of any real estate brokerage commission paid or received as a result of the violation or violations in question. Each transaction shall be regarded as a separate offense and shall be punished as such.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 324.990
- Commission: means the Kentucky Real Estate Commission. See Kentucky Statutes 324.010
- Conviction: A judgement of guilt against a criminal defendant.
- 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
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 45, sec. 10, effective July 13, 2004. — Amended
1978 Ky. Acts ch. 172, sec. 12, effective June 17, 1978; and ch. 316, sec. 10, effective June 17, 1978. — Amended 1960 Ky. Acts ch. 215, sec. 6, effective June 16,
1960. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 3990e-10.
Legislative Research Commission Note. No change was made in this section by Acts
1978, ch. 316, § 10 (1). Subsections (2) and (3) of section 10 of such act have been compiled as KRS § 367.990 (14). This section was also amended by Acts 1978, ch.
172, § 12, as printed above.