{"data":{"id":"us-ky/krs-426.522","jurisdiction":"us-ky","citation":"KRS 426.522","heading":"Public, judicial sale of real or personal property -- When conducted by","body":"licensed auctioneer.\n(1) If real or personal property is sold at public sale under any order or decree of any\ncourt in this state, then the court under whose jurisdic tion the sale is to be made\nmay secure the services of an auctioneer licensed in this state to conduct the public\nsale, fix the auctioneer's fee, and order the fee to be paid out of the proceeds of the\nsale. The fee:\n(a) When the sale is the result of a fo reclosure process initiated upon the request\nof a creditor or mortgage holder:\n1. Shall not exceed ten percent (10%) of the sale price on sales of real\nproperty, which may be an auction premium or commission charged to\nthe sale of the property; and\n2. Shall not exceed twenty -five percent (25%) of the sale price on sales of\npersonal property. Notwithstanding this subparagraph, the fee for sales\nof personal property may include an additional auction premium of up to\nten percent (10%) of the sale price;\n(b) In the instance of any other court -ordered or court -decreed sale of real or\npersonal property, shall be agreed upon between the auctioneer and the person\nmaking the request; and\n(c) Shall not include the fees and expenses provided for by rule of the Supreme\nCourt under KRS 31A.010(4) that are incurred by the master commissioner\nfor the sale.\n(2) Upon the request of the creditor or mortgage holder, when property is ordered to be\nsold by a court, the master commissioner, as described in KRS Chapter 31A, shall\nemploy a licensed auctioneer to handle the sale upon terms and conditions\nacceptable to the creditor or mortgage holder.\n(3) If real property is sold at a public sale conducted by a licensed auctioneer, then the\nsale shall be conducted on the site of the re al property to be sold. Notwithstanding\nthis subsection, the sale may be conducted at another location in the county in\nwhich the real property is located if the licensed auctioneer determines that is the\nbest site for the sale.\n(4) If the master commissioner is also a licensed auctioneer, then the master\ncommissioner shall not receive any extra fee for acting as an auctioneer, but shall\nreceive fees in his or her capacity as master commissioner or special commissioner\nunder KRS 31A.010(4).\n(5) This section shall not waive any provision of KRS 426.160, 426.200, or 426.560.\n(6) Nonforeclosure sales shall be conducted in a manner agreed to by the master\ncommissioner or plaintiff and the auctioneer.","path":["KRS Chapter 426"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57626","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:44Z","sha256":"20bf9ba5f7c5d8c6255216922182fbee1fdabefe2da37eb47fe52edadade7f73","source_id":"us-ky","stale":false,"prev":"us-ky/krs-426.520","next":"us-ky/krs-426.525"},"notice":"GroundRules: Original legal text. Not legal advice."}