By Andrew C. Weeks & Michael F. Lawrence December 8, 2016 Governor Bevin’s Executive Order No. 2016-859 has created a glaring conflict between Kentucky’s legislative and executive branches of government. The new makeup of the four real estate boards affected are in direct violation of the Kentucky statutes that formed the boards. A quick refresher.
On August 21, 2008, the Kentucky Court of Appeals rendered the decision in Dutschke v. Jim Russell Realtors, et. al., affirming the enforceability of arbitration agreements in real estate Sale and Purchase Contracts. This decision became final in May of 2009 when the Supreme Court rejected the Dutschke’s motion for discretionary review. The Dutschke’s had.