Request By:
Hon. Septtimous Taylor
Jones, Harrington & Taylor, P.S.C.
Suite 318 - Masonic Building
227 St. Ann Street
P.O. Box 948
Owensboro, Kentucky 42302-0948
Opinion
Opinion By: Steven L. Beshear, Attorney General; Robert V. Bullock, Assistant Attorney General
This is in response to your request for an opinion in which you outline the following fact pattern in relation to KRS 324.010(2):
"A local printing company desires to publish a tabloid wherein owners of real estate may list an advertisement to sell or lease real estate. The tabloid would be entitled, 'Homes By Owners' or 'For Sale By Owners'. The tabloid would be placed in grocery stores, hotels and other public places. The homeowner would pay a fee for publication of the advertisement which would include a picture of the property and general description. The printing company would also sell advertisement space to building suppliers, hardware stores and other related retail business. The format would be no different than the classified ads of the local newspaper except that the tabloid would be limited specifically to advertisements for the sale of real estate by each respective owner."
You ask whether the newspaper or tabloid in question is "referring or offering to refer real estate for the purpose of securing prospects" in violation of KRS 324.010(2). The statute in question states:
"One act for a fee, commission, compensation or other valuable consideration of buying or selling real estate of or for another, or offering for another to buy, sell or exchange real estate, or leasing, renting or offering to rent real estate, or referring or offering to refer real estate for the purpose of securing prospects, or otherwise dealing in options or time sharing shall constitute the person performing, offering or attempting to perform such act as a broker or sales associate."
It would appear that with a format no different than the classified ads of the local newspaper a tabloid such as the one you describe would not be considered the act of a broker, associate broker or salesman of real estate in violation of KRS 324.010 et seq.
It is therefore the opinion of this office that the printing of a tabloid or newspaper entitled "Homes By Owners" or "For Sale By Owners" of the nature you describe would not in and of itself violate KRS Chapter 324.010 et seq.
Thank you for contacting the Attorney General.