Chapter 58, PERSONAL AND REAL PROPERTY

58-2801. License; annual fee, fixing of amount by rules and regulations, limitation, proration for partial year; application; inactive license. (a) Every person, firm, partnership, association or corporation, which makes, compiles or completes and sells abstracts of title to real…

58-2802. Bond and insurance requirements; liabilities, limitations; abstracting of certain rights-of-way and easements; additional bond; certain acts prohibited. (a) No license shall be issued to any applicant until the applicant files with the board a bond and a policy of insura…

58-2804. Free access to county records. For the purpose of operating a licensee's business of abstracting and the compiling, posting and keeping up of abstract books necessary for the proper conduct of the business, the licensee shall have free access to the county records of the…

58-2805. Examinations; notice; fee; denial of license upon failure; second examination. (a) Any person, firm, partnership, association or corporation applying for a license under the provisions of this act may obtain the license by complying with the provisions of this act and by…

58-2806. Suspension or revocation of license; notice and hearing. The board, after notice and hearing conducted in accordance with the Kansas administrative procedure act, may suspend or revoke a license for a violation of any provision of this act, upon the conviction of a licen…

58-2808. Seal of licensee. Each licensee under the provisions of this act shall provide a seal which shall have stamped thereon the name of the licensee, and the licensee shall deposit with the board an impression of the seal and the signatures of all persons authorized to sign o…

58-2809. Violations by licensees unlawful. Any licensee who violates any of the provisions of this act shall be deemed guilty of a class C misdemeanor. History: L. 1941, ch. 348, § 12; L. 1983, ch. 186, § 8; July 1.

58-2810. Unlawful for county officers to prevent use of records. Any county officer who prevents or prohibits any person who has complied with the provisions of this act from a proper use of the records of the office of the county officer as provided in K.S.A. 58-2804, and amendm…

58-2811. Unlawful for abstracters to pay portions of charges made for services. It shall be unlawful for any licensed abstracter to pay any portion of the charge made for making, extending or certifying an abstract of title to real estate to any other person. Nothing in this sect…

58-2812. Licenses not granted to applicants with corporate or business names duplicative of corporate or business names of licensees in counties where applicant to transact business; exception. No license to make, compile or complete and sell abstracts of title to real estate in …

58-2813. Prohibition on conducting abstracting business without full-time services of licensee. On and after July 1, 1985, no person, firm, partnership, association or corporation shall make, compile or complete and sell abstracts of title to real estate in the state of Kansas un…

58-2901. Recording of certain papers filed in bankruptcy proceedings; effect; fee. The register of deeds of any county wherein is located any land in which a bankrupt or a debtor in any proceeding under the act of congress relating to bankruptcy has any interest shall receive for…

58-30,101. Title of act; compliance. (a) This act shall be known and may be cited as the brokerage relationships in real estate transactions act. (b) Failure to comply with any requirement of K.S.A. 58-30,103 or K.S.A. 58-30,110, and amendments thereto, or rules and regulations a…

58-30,102. Definitions. As used in the brokerage relationships in real estate transactions act, unless the context otherwise requires: (a) "Affiliated licensee" means any individual licensed as a salesperson or broker under the Kansas real estate brokers' and salespersons' licens…

58-30,103. Written agency agreements; written transaction brokerage agreements. (a) Except when acting as a transaction broker or solely as a seller, buyer, landlord or tenant, a broker shall act only as a statutory agent in any real estate transaction. A licensee shall not act a…

58-30,104. Termination of relationships. (a) (1) The agency relationships set forth in K.S.A. 58-30,103, and amendments thereto, shall commence at the time that the client engages the broker, and shall continue until: (A) A transaction is closed according to the agreement of the …

58-30,105. Compensation. (a) Compensation is presumed to come from the transaction and shall be determined by agency or transaction broker agreements entered into pursuant to K.S.A. 58-30,103, and amendments thereto. (b) Payment of compensation by itself shall not establish an ag…

58-30,106. Minimum requirements of seller's or landlord's agent. (a) A seller's agent or a landlord's agent shall be a statutory agent with the duty and obligation to: (1) Perform the terms of the written agreement made with the client; (2) promote the interests of the client wit…

58-30,107. Minimum requirements of buyer's or tenant's agent. (a) A buyer's or a tenant's agent shall be a statutory agent with the duty and obligation to: (1) Perform the terms of the written agreement made with the client; (2) promote the interests of the client with the utmost…

58-30,109. Brokerage firm acting as a transaction broker; affiliated licensees; designated agents; rules and regulations. (a) In the absence of designated agents appointed pursuant to subsection (b), a brokerage firm may act as a transaction broker pursuant to K.S.A. 58-30,113, a…

58-30,110. Real estate brokerage relationships. (a) (1) The commission shall adopt a rule and regulation prescribing language which describes a seller's agent, a buyer's agent and a transaction broker for inclusion in a brochure entitled "real estate brokerage relationships". (2)…

58-30,111. Imputed knowledge. (a) A client or customer shall not be liable for a misrepresentation or omission by the client's statutory agent or the transaction broker arising out of the agency or transaction broker agreement unless the client or customer knew of the misrepresen…

58-30,112. Forms; rules and regulations. The commission shall provide sample forms of agency agreements and, by rules and regulations, provide such other prohibitions, limitations and conditions relating thereto as the commission may prescribe. History: L. 1995, ch. 252, § 12; Re…

58-30,113. Transaction broker; obligations of; disclosure of information. (a) A broker engaged as a transaction broker shall not act as an agent for either party. (b) A transaction broker shall have the following obligations and responsibilities: (1) To perform the terms of any w…

58-3034. Citation of act. K.S.A. 58-3034 through 58-3077, and K.S.A. 58-3078 through 58-3085, and amendments thereto, shall be known and may be cited as the real estate brokers' and salespersons' license act. History: L. 1980, ch. 164, § 1; L. 1986, ch. 209, § 19; L. 1995, ch. 25…

58-3035. Definitions. As used in this act, unless the context otherwise requires: (a) "Act" means the real estate brokers' and salespersons' license act. (b) "Advance listing fee" means any fee charged for services related to promoting the sale or lease of real estate and paid in…

58-3036. Licensure required. Unless exempt from this act under K.S.A. 58-3037, and amendments thereto, no person shall: (a) Directly or indirectly engage in or conduct or represent that such person engages in or conducts the business of a broker, associate broker or salesperson w…

58-3037. Exemptions. The provisions of this act shall not apply to: (a) Any person, other than a person licensed under this act, who directly performs any of the acts within the scope of this act with reference to such person's own property. (b) Any person who directly performs a…

58-3038. Licensure required for recovery of compensation for services; exceptions. (a) Except as provided by subsection (b), no action shall be instituted or recovery be had in any court of this state by any person for compensation for any act or service, the performance of which…

58-3039. Licensure; application; fingerprinting; criminal history record check; fees; qualifications; examination. (a) Any person desiring to act as a broker or salesperson shall file an application for a license with the commission or, if required by the commission, with the tes…

58-3040. Nonresident license. (a) A nonresident of this state may be granted a broker's license if: (1) The nonresident is licensed as a broker in the nonresident's state of residence; and (2) the nonresident meets all requirements imposed by this act on Kansas residents for lice…

58-3041. Restricted or conditioned license. (a) The commission may issue a restricted or conditioned license to an applicant for an original license or grant an application for renewal of a license, as deemed by the commission to be in the public interest. Restrictions or conditi…

58-3042. License nontransferable; only individuals licensed; primary office; supervising broker. (a) No real estate license shall give authority to any person other than the person to whom the license is issued. (b) No license shall be granted to an association, corporation, limi…

58-3043. Granting or renewal of license; considerations of the commission; conviction of crime; effect of. (a) In determining whether to grant or renew a license the commission shall consider: (1) Any revocation or suspension of a prior real estate license; (2) (A) Whether an app…

58-3044. Denial of license; hearing; incomplete applications. (a) If the commission, after a complete application for a license or renewal of a license has been filed, accompanied by the proper fee, refuses to issue or renew the license, the commission shall give written notice t…

58-3045. Expiration of license; renewal, fee; reinstatement and renewal of expired license, late fee. (a) Each license issued or renewed by the commission shall expire on a date determined in accordance with a schedule established by rules and regulations of the commission, which…

58-3046a. Licensure as salesperson; educational requirements. (a) Except as provided in K.S.A. 58-3040, and amendments thereto, any person who applies for an original license in this state as a salesperson shall submit evidence, satisfactory to the commission, of attendance of a …

58-3046b. K.S.A. 58-3046a supplemental to real estate brokers' and salespersons' license act. This act shall be part of and supplemental to the real estate brokers' and salespersons' license act. History: L. 1982, ch. 231, § 2; July 1.

58-3047. Issuance of license; deactivation and reinstatement; termination of salesperson or associate broker, effect on license; duties of supervising broker and branch broker; effect of deactivation. (a) The commission shall issue a license as broker or salesperson to each appli…

58-3048. Commission powers and duties. (a) The commission may publish periodically a list of the names and addresses of all persons licensed under the provisions of this act. The commission may publish information concerning disciplinary actions and other information relative to …

58-3050. Refusal to grant or renew; revocation, suspension or restriction of license; censure of licensee; disciplinary actions; civil fines; aggravating circumstances; procedures; recovery of actual costs and attorney fees. (a) Except as provided in subsection (b) and (c), the c…

58-3056. Costs of hearing; assessment; itemization. The costs of any hearing before the commission may be assessed against the licensee or applicant if the order of the commission is adverse to the licensee or applicant. The commission may reduce any such assessment to judgment b…

58-3058. Appeal of commission orders. Any person aggrieved by an order of the commission may appeal the order in accordance with the provisions of the Kansas judicial review act. History: L. 1980, ch. 164, § 25; L. 1984, ch. 313, § 89; L. 2010, ch. 17, § 105; July 1. CASE ANNOTAT…

58-3060. Brokers; primary office and branch offices, requirements, notices to commission of certain changes or office closure; effect of office closure on affiliated licenses. (a) Each licensed resident broker shall have and maintain a primary office in the state of Kansas, or in…

58-3061. Trust accounts. (a) Unless exempt under subsection (f), each broker shall maintain, in the broker's name or the broker's firm name, a separate trust account in this state, or in an adjoining state with written permission of the commission, designated as such. All down pa…

58-3062. Prohibited acts. (a) No licensee, whether acting as an agent, transaction broker or a principal, shall: (1) Fail to account for and remit any money which comes into the licensee's possession and which belongs to others. (2) Misappropriate moneys required to be deposited …

58-3063. Fees. (a) The commission shall adopt rules and regulations fixing the amounts of the fees provided for by this act, subject to the following: (1) For any examination required for licensure, a fee in an amount equal to the actual cost of the examination and the administra…

58-3064. Injunction to enforce law. Whenever any person has engaged in any act or practice that constitutes a violation of this act or rules and regulations adopted hereunder or the brokerage relationships in real estate transactions act or rules and regulations adopted thereunde…

58-3065. Penalties for violations; reporting of minor violations for prosecution not required; cease and desist orders authorized. (a) Willful violation of any provision of this act or the brokerage relationships in real estate transactions act is a misdemeanor punishable by impr…

58-3066. Recovery revolving fund; assessment of fees to maintain balance; payments; interest. (a) The real estate recovery revolving fund established within the state treasury by K.S.A. 58-3023, and amendments thereto, is hereby continued in existence. Such fund shall be used in …