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Federal judge enters preliminary injunction against KREC Commissioners, rules certain state laws unconstitutional

By MICHAEL H. ERDMAN

I've written about River Oaks Management v. Kentucky Real Estate Commission on several occasions (most recently here), and about an hour ago an anonymous commenter to an earlier post advised me that the court had ruled on several pending motions. Whoever you are, thank you! Here is a link to today's Order and accompanying Opinion.

As you can see, Judge Simpson granted plaintiffs' request for a preliminary injunction, thereby prohibiting KREC's Executive Director and Commissioners from (1) enforcing the prohibition against splitting fees with or compensating a real estate broker licensed in another state for the interstate brokerage of Kentucky real estate, and (2) enforcing the prohibition against aiding and abetting a real estate broker licensed in another state in the interstate brokerage of Kentucky real estate.

The court also ruled that a statutory provision at issue and a related regulation were unconstitutional. To learn more, click on the "Opinion" link, above.

Full post as published by Real Estate, Real Competition & The Law on September 04, 2007 (boomark / email).