Kansas Administrative Code

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3045, as amended by L. 2007, ch. 88, sec. 7 and K.S.A. 2006 Supp. 58-3046a, as amended by L. 2007, ch. 88, sec. 6; effective, T-87-32, Nov. 19, 1986; effective May 1, 1987; amended Nov. 17, 1995; amended, T-86- 7-2-07, July…

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 1987 Supp. 58-3046a; effec- tive Sept. 26, 1988; revoked Jan. 31, 2020.)

Responsibilities of schools. (a) Course registration. Each school shall request that any applicant or licensee registering for a course verify the applicant’s or licensee’s registra- tion or license number and use the applicant’s or licensee’s name exactly as it appears on file w…

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 2006 Supp. 58-3039, as amended by L. 2007, ch. 88, sec. 1; effective Nov. 17, 1995; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; revoked Jan. 31, 2020.)

Submission of supporting docu- mentation with application. In addition to sub- mitting the application for original licensure as a real estate broker or salesperson, each applicant shall file the following with the commission: (a) The applicant’s fingerprints and a completed waiv…

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 2006 Supp. 58-3039, as amended by L. 2007, ch. 88, sec. 1; effective Jan. 1, 1966; amended Jan. 1, 1974; amended, E-74- 50, Sept. 13, 1974; amended May 1, 1975; amend- ed, E-81-18, July 16, 1980; amended May 1, 1981; amended, …

Age of documentation submitted to the commission. (a) A certification of licensure history obtained from any jurisdiction in which the applicant has, or has ever had, a real estate license shall not be used for licensing purposes if the cer- tification is issued more than six mon…

Expiration of licenses. The expira- tion date for each original license issued by the commission shall be the first day of the month of issuance two years after the issuance date. Each license renewed by the commission shall expire two years after the expiration date of the prece…

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 1990 Supp. 58-3045; ef- fective Jan. 1, 1986; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended, T- 87-32, Nov. 19, 1986; amended May 1, 1987; amended Nov. 18, 1991; revoked Nov. 14, 2016.)

Fees. (a) Each applicant shall pay a fee in an amount equal to the actual cost of the examination and the administration of the exam- ination to the testing service designated by the commission. (b) Each applicant shall submit the following fees for licensure to the commission: (…

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3046; effective, E-81-18, July 16, 1980; effective May 1, 1981; amended May 1, 1982; revoked, T-83-32, Oct. 25, 1982; re- voked May 1, 1983.)

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3062(c)(3); effective Jan. 1, 1974; amended, E-81-18, July 16, 1980; amend- ed May 1, 1981; revoked May 1, 1982.)

(Authorized by K.S.A. 74-4202; effec- tive Jan. 1, 1966; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 1980 Supp. 58-3039(e), 58- 3043; effective Jan. 1, 1966; amended, E-81-18, July 16, 1980; amended May 1, 1981; revoked Nov. 16, 2007.)

(Authorized by K.S.A. 74-4202(b); implementing L. 1984, Ch. 313, Sec. 13; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; re- voked Dec. 29, 1995.)

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 1985 Supp. 77-513, as amended by L. 1986, Ch. 362, Sec. 3; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; revoked Nov. 16, 2007.)

(Authorized by K.S.A. 74-4202(b); implementing L. 1984, Ch. 313, Sec. 36; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; re- voked Dec. 29, 1995.)

(Authorized by K.S.A. 74-4202(b); implementing L. 1984, Ch. 313, Sec. 5; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; re- voked Nov. 16, 2007.)

Examination of records. (Autho- rized by K.S.A. 1996 Supp. 74-4202(b), as amended by 1997 H.B. 2264, Sec. 46; implementing K.S.A. 58-3061 and K.S.A. 1996 Supp. 74-4202(b), as amendedby1997H.B.2264,Sec.46;effectiveSept. 12, 1994; amended, T-86-10-1-97, Oct. 1, 1997; amended Oct. 2…

Retention of records. Each bro- ker shall retain, for at least three years, in the broker’s paper or digital files a copy of all records relating to the broker’s real estate business, in- cluding the following: (a) Real estate sales contracts, option agree- ments, and nonresident…

(Authorized by K.S.A. 74-4202; ef- fective Jan. 1, 1966; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

(Authorized by K.S.A. 74-4202; ef- fective Jan. 1, 1966; revoked May 1, 1975.)

(Authorized by K.S.A. 74-4202; ef- fective Jan. 1, 1966; amended May 1, 1975; re- voked, E-81-18, July 16, 1980; revoked May 1, 1981.)

(Authorized by K.S.A. 74-4202; ef- fective Jan. 1, 1974; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Reporting of information. (a) Each licensee shall report any of the following circumstances to the commission, in writing and within 10 days of the date of occurrence: (1) Any settlement from litigation filed against the licensee or any real estate company owned in whole or in pa…

Trust account records. (a) Each supervising broker, and each branch broker who maintains a separate trust account for a branch office pursuant to K.S.A. 58-3061 and amend- ments thereto, shall maintain in the broker’s of- fice a complete record of all monies received or escrowed …

Disclosure of interest in proper- ty purchased, sold, or leased. (a) Each licensee shall disclose in the real estate contract or lease any interest that the licensee or the licensee’s im- mediate family member has or will have in the fol- lowing, as applicable: (1) The real estat…

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3049, as amended by 1985 SB 107; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; revoked Jan. 31, 2020.)

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 2006 Supp. 58-3061; ef- fective, T-87-32, Nov. 19, 1986; effective May 1, 1987; amended Nov. 18, 1991; amended, T-86- 7-2-07, July 2, 2007; amended Nov. 16, 2007; re- voked April 23, 2021.)

Transaction identification. (a) Each supervising broker or branch broker shall assign a unique transaction number to each real estate sales contract, option agreement, and non- residential lease agreement for which the broker acts as an employee of, or on behalf of, the owner, pu…

Submission of offers to pur- chase. (a) A listing agreement may provide that the broker is not obligated to continue to market the property after an offer has been accepted by the seller. The seller’s acceptance of an offer shall not terminate the obligation of the broker to subm…

(Authorized by K.S.A. 74-4202(b); implementing L. 1992, Ch. 120, section 1; effec- tive Jan. 11, 1993; revoked Aug. 9, 1993.)

(Authorized by and implementing K.S.A. 1995 Supp. 58-30,110, as amended by 1996 SB 710, § 18; effective Nov. 17, 1995; amended Sept. 13, 1996; revoked, T-86-10-1-97, Oct. 1, 1997; revoked Oct. 24, 1997.)

Real estate brokerage relation- ships brochure. (a) The commission’s document titled “real estate brokerage relationships,” as ap- proved by the commission on October 10, 2017, is hereby adopted by reference. (b) As required by K.S.A. 58-30,110 and amendments thereto, each licens…

Designated agents; disclosure of brokerage relationships. (a) If a supervising broker or branch broker designates in a written agency agreement one or more designated agents to represent the interests of a buyer, seller, tenant, or landlord client, any other salespersons or as- s…

Transaction broker addendum. The commission’s form titled “transaction broker addendum,” as approved by the commission on October 10, 2017, is hereby adopted by reference. Each licensee shall ensure that this form is com- pleted to obtain the informed consent of a seller client a…

Buyer’s or tenant’s consent. The commission’s form titled “buyer’s or tenant’s con- sent to direct negotiation,” as approved by the commission on April 18, 2017, is hereby adopted by reference. Each seller’s agent, landlord’s agent, or transaction broker shall ensure that this fo…

Participation of salesperson or associate broker in affiliated business ar- rangement with title agency. (a) Any sales- person or associate broker may have a financial interest, as defined in K.S.A. 40-2404(14)(e)(ii) and amendments thereto, in an affiliated business arrangement …

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 1980 Supp. 58-3042; effec- tive Jan. 1, 1966; amended Jan. 1, 1974; amended, E-81-18, July 16, 1980; amended May 1, 1981; re- voked Nov. 16, 2007.) 86-3-4 to 86-3-6. (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; revok…

(Authorized by K.S.A. 74-4202(b), as amended by L. 2008, ch. 155, sec. 9; imple- menting L. 2008, ch. 155, sec. 6; effective, T-86- 6-25-08, July 1, 2008; effective Oct. 24, 2008; re- voked Nov. 14, 2016.) 395 Persons Holding Licenses; Duties 86-3-31

Broker supervision. (a) Fail- ure of a supervising broker or branch broker to properly supervise the activities of an associated or employed salesperson or associate broker shall include the following: (1) Allowing a person not licensed by the com- mission to engage in activities…

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3060, as amended by L. 1986, Ch. 209, Sec. 12; effective, E-81-18, July 16, 1980; effective May 1, 1981; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended May 1, 1988; revoked Jan. 31, 2020.)

Advertising. (a) For the purposes of this regulation and K.S.A. 58-3034 et seq. and amendments thereto, “advertisement” and “ad- vertising” shall mean communication in any form of media between a licensee or other entity acting on behalf of one or more licensees and consumers or …

Brokerage agreements. A super- vising broker or branch broker, or any salesperson orassociatebrokeremployedbyorassociatedwith the supervising broker or branch broker, shall not enter into any written brokerage agreement con- taining a provision that automatically extends the term…

Legal counsel. Each broker shall recommend to each client or customer that an at- torney be retained by the client or customer to an- sweranylegalquestionsinvolvedinanyrealestate transaction. (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-30,106, 58-30,107, and 58-30,11…

(Authorized by K.S.A. 1984 Supp. 74-4925; implementing K.S.A. 1984 Supp. 74-4925; effective, E-74-12, Dec. 28, 1973; ef- fective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; revoked Oct. 23, 2020.)

(Authorized by K.S.A. 1984 Supp. 74-4925; implementing K.S.A. 1984 Supp. 74-4925; effective, E-74-12, Dec. 28, 1973; ef- fective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; revoked Oct. 23, 2020.) 409 88-12-5 Participation in Regents Voluntary Phased Retire…

(Authorized by and implementing K.S.A. 1991 Supp. 74-4925; effective, E-74-12, Dec. 28, 1973; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; amended June 7, 1993; revoked Oct. 23, 2020.)

(Authorized by K.S.A. 1984 Supp. 74-4925; implementing K.S.A. 1984 Supp. 74- 4925; effective, E-74-12, Dec. 28, 1973; effec- tive May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; revoked Oct. 23, 2020.)

(Authorized by K.S.A. 1986 Supp. 74-4925; implementing K.S.A. 1986 Supp. 74- 4925; effective, E-74-12, Dec. 28, 1973; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; amended May 1, 1988; re- voked Oct. 23, 2020.) 88-10-7 and 88-10-8. (Authorized by K.…