Kansas Real Estate Laws

86-1-16 Instructor credit for hours taught.

Any instructor of a course approved to meet a requirement of K.S.A. 58-3046a, and amendments thereto, may receive credit for the number of hours taught by the instructor. The credit may be received by an instructor only once for each course taught during a renewal period.

86-3-20 Reinstatement of deactivated license.

Any license which has been deactivated for a continuous period of more than two years and not more than five years, and which has not been suspended or revoked, shall be reinstated if the applicant: Complies with the requirements of K.S.A. 58-3046a and amendments thereto for the immediately preceding license period; submits evidence, satisfactory to the commission, of attendance at courses of instruction approved by the Commission that total six additional hours of instruction for each full year that the license has been on deactivated status; pays the fee for reinstatement prescribed in K.S.A. 58-3063 and amendments thereto; and files an application for reinstatement obtained from the Commission. Any license which has been deactivated for a continuous period of more than five years shall be reinstated only if the applicant complies with the requirements of subsection (a) of this regulation and, in addition, meets the examination requirement for an original applicant. Accumulated hours of instruction which were reported to the Commission prior to January 1, 1983, as provided by subsection (e) of K.S.A. 58-3046a and amendments thereto, shall not be used to meet the requirements of subsection (a)(2) of this regulation.

86-3-29 Participation of salesperson or associate broker in affiliated business arrangement with title agency.

Any salesperson 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 with a title insurer or title insurance agency created or regulated pursuant to K.S.A. 40-2404(14)(e)-(j) and amendments thereto, 12 U.S.C. §2607(c) of the real estate settlement procedures act (RESPA), and 24 C.F.R. 3500.15 if, upon commencement of the affiliated business arrangement, the salesperson or asociate broker notifies the supervising broker or branch broker, by certified mail, of the proposed affiliated business arrangement in order to allow supervision pursuant to K.S.A. 58-3035(d) and (n) and K.S.A. 58-3062(c)(3), and amendments thereto. Each salesperson or associate broker who has a financial interest in an affiliated business arrangement as specified in subsection (a) shall notify the supervising broker or branch broker in writing within five business days after the effective date of each contract in any real estate transaction from which the salesperson or associate broker will receive compensation due to an affiliated business arrangement.

58-3034. Title of act. K.S.A. 58-3034 through 58-3077, and K.S.A. 2007 Supp. 58-3078 through 58-3085, and amendments thereto, shall be known and may be cited as the real estate brokers' and salespersons' license act.

58-3034. Title of act. K.S.A. 58-3034 through 58-3077, and K.S.A. 2007 Supp. 58-3078 through 58-3085, and amendments thereto, shall be known and may be cited as the real estate brokers' and salespersons' license act.

86-3-9 Legal counsel.

A broker shall recommend to each purchaser that an attorney be retained by the purchaser to pass upon the marketability of the title of the property and other legal questions involved.

58-3036. Licensure required. Unless exempt from this act under K.S.A. 58-3037 and amendments thereto, no person shall:

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 within this state unless such person is licensed as such a broker, associate broker or salesperson in accordance with this act. Directly or indirectly act or represent that such person acts as a broker, associate broker or salesperson within this state unless such person is licensed as such a broker, associate broker or salesperson in accordance with this act. Perform or offer, attempt or agree to perform any act described in subsection (f) of K.S.A. 58-3035, and amendments thereto, whether as a part of a transaction or as an entire transaction, unless such person is licensed pursuant to this act.

86-1-18 Alternative licensing criteria for broker applicants.

If a determination is made by the commission to waive or alter the experience requirements for an applicant to obtain a broker's license pursuant to K.S.A. 58-3039(d), and amendments thereto, a broker's license shall be issued if the applicant meets all other requirements imposed by this act for licensure as a broker and meets the following requirements: Attends a course of study prescribed by the commission, which shall of consist of at least 30 and not more than 60 hours of instruction, depending on the applicant's amount and type of experience; and within 90 days of notification by the commission of the prescribed course of study, submits evidence of attendance to the commission in a form satisfactory to the commission.. An applicant shall not use any hours attended pursuant to this regulation to meet any requirement of K.S.A. 58-3046a and amendments thereto.

86-3-26a Designated agents.

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 associated brokers that are employed by or associated with the supervising broker or branch broker who are not specifically designated in the written agency agreement to represent the interests of the client shall not be deemed to have a brokerage relationship with the client. If a designated agent has been appointed to represent a buyer, seller, tenant, or landlord in a transaction, the brokerage relationship disclosure in the contract or lot reservation agreement shall specify that a designated agent was appointed to represent the interests of the client.

58-3075. Severability clause.

If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

58-3044. Denial of license; hearing; incomplete applications.

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 to the applicant setting forth the reasons for such refusal. Such notice and an opportunity to be heard shall be given in accordance with the provisions of the Kansas administrative procedure act, unless the application for a license is denied solely because of the applicant's failure to pass a required examination. If an incomplete application is filed with the commission or the proper fees are not paid, the commission shall provide written notice to the applicant of the deficiency. If the deficiency is not corrected within a reasonable time or if no time remains to correct the deficiency, the commission shall provide written notice to the applicant that the applicant may withdraw the incomplete application and request to receive any applicable refund. If the applicant fails to respond to the commission's notice within a reasonable time, the application shall be considered incomplete and the provisions of the Kansas administrative procedure act shall not apply. The applicant may request to receive any applicable refund. For purposes of this paragraph only, reasonable time shall mean not less than 10 calendar days.

58-3085. Limitations on advertising, when.

If the commission has not authorized another broker to act as the supervising broker or branch broker, all advertising under the supervising broker's or branch broker's name or trade name, including, but not limited to, signage, must be removed or covered within five calendar days after the expiration date or date of deactivation of the supervising broker's or branch broker's license or the effective date of the order of suspension, deactivation or revocation. The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.

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.

86-3-28 Buyer's or tenant's consent.

Before negotiating directly with a buyer or tenant who has an agency agreement granting exclusive representation to another broker, any seller's or landlord's agent shall obtain the buyer's or tenant's signature on a ``buyer's or tenant's consent to direct negotiation with seller's or landlord's agent'' form approved by the Commission on April 10, 1997, which is hereby adopted by reference. Before initiating a contract with a buyer who has an agency agreement granting exclusive representation to another broker, any transaction broker shall obtain the buyer's signature on a ``buyer's consent to initiate a contract with a transaction broker engaged by a seller'' form approved by the Commission on September 10, 1997, which is hereby adopted by reference. This regulation shall take effect on and after October 1, 1997.

74-4201 Chapter 74.--STATE BOARDS, COMMISSIONS AND AUTHORITIES Article 42.--KANSAS REAL ESTATE COMMISSION

The Kansas Real Estate Commission shall consist of five members appointed by the governor. Subject to the provisions of K.S.A. 1992 Supp. 75-4315c, one member shall be appointed from each congressional district and the remainder from the state at large. Each member shall have been, for a period of five years immediately preceding the member's appointment, a citizen and a resident of Kansas. Not less than three members shall have been real estate brokers for five years and not less than one member shall have never engaged in business as real estate brokers and shall not be so engaged while serving on the Commission. At the expiration of the term of any member of the Commission, the governor shall appoint a successor for a term of four years and until a successor is appointed and qualifies. In the event of a vacancy in the membership of the Commission, the governor shall appoint a member to serve for the unexpired portion of the vacated term and until a successor is appointed and qualifies. Each member of the Commission shall, before entering upon the member's duties, take and file with the Commission an oath to faithfully perform the duties of the office.

58-3081. Suspension or revocation of certain licenses; effect on associated or employed licensees.

When the license of a supervising broker or branch broker is suspended or revoked, the licenses of all licensees associated with or employed by the supervising broker or branch broker shall automatically be placed on inactive status within five calendar days after written notice is issued by the commission to the associated or employed licensee for the duration of the suspension or revocation, unless the licensee transfers to another supervising broker or branch broker. If deemed in the public interest until pending transactions are closed, the commission may authorize another broker to act as the supervising or branch broker during any period of suspension or revocation. If another broker is not authorized by the commission to act as the supervising broker or branch broker during the period of suspension or revocation, the supervising broker or branch broker whose license is suspended or revoked shall return to the commission the licenses of all licensees associated or employed by the supervising broker or branch broker within five calendar days of the effective date of the order of suspension or revocation. The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.

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 thereunder, the Commission may institute an action in the district court of the county in which the person resides or in the district court in the county in which such act or practice occurred for an injunction to enforce compliance with the act or rules and regulations. The Commission shall not be required to give any bond or pay any filing fee for initiating such action. Upon a showing that the person has engaged in any act or practice in violation of the act or rules and regulations, the court may enjoin all such acts or practices and may make any orders necessary to conserve, protect and disburse any funds involved.

58-3065. Penalties for violations; reporting of minor violations for prosecution not required.

Willful violation of any provision of this act or the brokerage relationships in real estate transactions act is a misdemeanor punishable by imprisonment for not more than 12 months or a fine of not less than $100 or more than $1,000, or both, for the first offense and imprisonment for not more than 12 months or a fine of not less than $1,000 or more than $10,000, or both, for a second or subsequent offense. Nothing in this act or the brokerage relationships in real estate transactions act shall be construed as requiring the Commission or the director to report minor violations of the acts for criminal prosecution whenever the Commission or the director believes that the public interest will be adequately served by other administrative action.

58-30,101. Title of act; compliance.

This act shall be known and may be cited as the brokerage relationships in real estate transactions act. 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 adopted thereunder, shall not by itself render any agreement void or voidable nor shall it constitute a defense to any action to enforce such agreement or any action for breach of such agreement.

58-30, 101 Title of act; Compliance

This act shall be known and may be cited as the brokerage relationships in real estate transactions act. Failure to comply with any requirement of K.S.A. 58-30, 110 and amendments thereto, or rules and regulations adopted thereunder, shall not by itself render any agreement void or voidable nor shall it constitute a defense to any action to enforce such agreement or any action for breach of such agreement.

58-3046b. Same; act supplemental to license act.

This act shall be part of and supplemental to the real estate brokers' and salespersons' license act.

58-3070. Same; duties of Commission in recovery actions; fees and expenses of counsel.

When the director of the Commission receives notice of any action or hearing, as provided in K.S.A. 58-3068 and 58-3069, and amendments thereto, the director may intervene, enter an appearance, file an answer, defend the action or take whatever other action the director deems appropriate on the behalf and in the name of the defendant, and may take recourse through any appropriate method of review on behalf of, and in the name of, the defendant. All fees and expenses of counsel hired by the Commission for the performance of duties for the Commission hereunder shall be paid out of the real estate recovery revolving fund.

74-4203 Same; Director; Employees; Administrative Expenses

The Commission shall employ a Director, who shall keep a record of all proceedings, hearings, meetings, communications and official acts of the Commission, and perform such other duties as the Commission may require. The Director shall call a meeting of the Commission upon written request of two or more of its members. The Commission may employ such other employees as may be necessary , fix salaries of all its employees, and make such other expenditures as are necessary to properly carry out the provisions of this act.

58-30,105. Compensation.

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. 2001 Supp. 58-30,103, and amendments thereto. Payment of compensation by itself shall not establish an agency between the party who paid the compensation and the broker or any affiliated licensee. In any transaction, the broker's compensation may be paid by the seller, the landlord, the buyer or the tenant. A broker may be compensated by more than one party for services in a transaction if the parties consent in writing to the multiple payments at or before the time of entering into a contract to buy, sell or lease. A broker may: Pay a commission or compensation to any licensee affiliated with the broker for performing services under this act; with the written agreement of the seller, landlord, buyer or tenant share a commission with another broker who acted as a transaction broker, a subagent or an agent of the other party; and pay a referral fee to a person who is licensed as a broker under the real estate brokers' and salespersons' license act or under the law of another jurisdiction, provided that written disclosure is made to the client of any financial interest that the broker has in the brokerage firm receiving the referral fee.

58-3035. Definitions. As used in this act, unless the context otherwise requires:

"Act" means the real estate brokers' and salespersons' license act. "Advance listing fee" means any fee charged for services related to promoting the sale or lease of real estate and paid in advance of the rendering of such services, including any fees charged for listing, advertising or offering for sale or lease any real estate, but excluding any fees paid solely for advertisement or for listing in a publication issued for the sole purpose of promoting the sale or lease of real estate wherein inquiries are directed to the owner of the real estate or to real estate brokers and not to unlicensed persons who publish the listing. "Associate broker" means an individual who has a broker's license and who is employed by another broker or is associated with another broker as an independent contractor and participates in any activity described in subsection (f). "Branch broker" means an individual who has a broker's license and who has been designated to supervise a branch office and the activities of salespersons and associate brokers assigned to the branch office. "Branch office" means a place of business other than the principal place of business of a broker. "Broker" means an individual, other than a salesperson, who advertises or represents that such individual engages in the business of buying, selling, exchanging or leasing real estate or who, for compensation, engages in any of the following activities as an employee of, or on behalf of, the owner, purchaser, lessor or lessee of real estate: Sells, exchanges, purchases or leases real estate. Offers to sell, exchange, purchase or lease real estate. Negotiates or offers, attempts or agrees to negotiate the sale, exchange, purchase or leasing of real estate. Lists or offers, attempts or agrees to list real estate for sale, lease or exchange. Auctions or offers, attempts

86-1-10. Approval of courses of instruction; procedure.Definitions.

''School'' means an entity that is eligible under subsection (h) of K.S.A. 58-3046a, and amendments thereto, to offer courses approved by the commission. ''Cosponsor'' means an entity that is not eligible to offer courses approved by the commission under subsection (h) of K.S.A. 58-3046a, and amendments thereto. However, the entity shall be eligible to offer courses approved by the commission if the entity is sponsored by an entity described in paragraph (a)(1) and the requirements of subsection (i) are met. Request for course approval. To obtain commission approval of a course of education required by K.S.A. 58-3046a, and amendments thereto, each school shall meetthe following requirements: Notify the commission of the name, address, and telephone number of the coordinator who will supervise the course; and submit all information required by the commission for course and instructor approval at least 45 days before the first scheduled class session. The information shall include the following: A completed application for course registration on a form that has been obtained from the commission; an application for real estate instructor, completed in accordance with subsection (g); the procedure for maintenance of attendance records; the proposed dates, times, and locations of the course offering; the total amount of the attendance fee for the course; the total number of class sessions; the duration of each session; the total number of hours in the course; and the course objectives and a detailed course outline. Preliminary notification of approval or disapproval. Within 15 working days after the commission receives the request for approval, the school shall be notified by the commission, in writing, of the commission's decision to approve or disapprove the course. In each notice of approval, the number of hours of credi

58-30,113. Transaction broker; obligations of; disclosure of information. On and after October 1, 1997:

A broker engaged as a transaction broker is not an agent for either party. A transaction broker shall have the following obligations and responsibilities: To perform the terms of any written or oral agreement made with any party to the transaction; to exercise reasonable skill and care as a transaction broker, including, but not limited to: Presenting all offers and counteroffers in a timely manner, even when the property is subject to a contract of sale; advising the parties regarding the transaction and suggesting that such parties obtain expert advice as to material matters about which the transaction broker knows but the specifics of which are beyond the expertise of the licensee; accounting in a timely manner for all money and property received; keeping the parties fully informed regarding the transaction; assisting the parties in complying with the terms and conditions of any contract including closing the transaction; disclosing to all prospective buyers or tenants all adverse material facts actually known by the transaction broker, including but not limited to: Any environmental hazards affecting the property which are required by law to be disclosed; the physical condition of the property; any material defects in the property; any material defects in the title to the property; or any material limitation on the seller's or landlord's ability to perform under the terms of the contract; and disclosing to any prospective seller or landlord all adverse material facts actually known by the transaction broker, including but not limited to material facts concerning the buyer's or tenant's financial ability to perform the terms of the transaction; comply with all requirements of this act and rules and regulations adopted hereunder; and comply with any applicable federal, state and local laws, rules and regulations and

86-3-23 Submission of offers to purchase.

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 submit all offers to the seller unless the seller instructs the broker in the listing agreement not to submit offers after an offer has been accepted by the seller. Unless a subsequent offer is contingent upon termination of an existing contract, the licensee shall recommend that the seller obtain the advice of legal counsel prior to acceptance.

58-30,107. Minimum requirements of buyer's or tenant's agent.

A buyer's or a tenant's agent shall be a statutory agent with the duty and obligation to: Perform the terms of the written agreement made with the client; promote the interests of the client with the utmost good faith, loyalty and fidelity, including: Presenting in a timely manner all offers to and from the client when such offer is received prior to the closing of the sale unless the buyer instructs the broker in the agency agreement not to submit offers after the client enters into a purchase contract; disclosing to the client all adverse material facts actually known by the licensee; and advising the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee; account in a timely manner for all money and property received; comply with all requirements of this act and rules and regulations adopted hereunder; and comply with any applicable federal, state and local laws, rules and regulations and ordinances, including fair housing and civil rights statutes or rules and regulations. If pursuant to subsection (a)(2)(C), the licensee advised the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee, no cause of action for any person shall arise against the licensee pertaining to such material matters. A buyer's or tenant's agent shall not disclose any confidential information about the client unless disclosure is required by statute or rule and regulation or failure to disclose the information would constitute fraudulent misrepresentation. No cause of action for any person shall arise against a licensee acting as a buyer's or tenant's agent for making any required or permitted disclosure. A buyer's or tenant's agent owes no duty or o

86-1-20 Age of documentation submitted to the commission.

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 certification is issued more than six months before the date on which the completed application for licensure is filed with the commission. A report concerning an applicant that is the subject of a criminal history check prepared by the Kansas bureau of investigation and the federal bureau of investigation shall not be used for licensing purposes if the report is issued more than six months before the date on which the completed application for licensure is filed with the commission.

58-30,111. Imputed knowledge.

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 misrepresentation or omission. A statutory agent or transaction broker shall not be liable for a misrepresentation or omission by the agent's client or the transaction broker's customer arising out of the agency or transaction broker agreement unless the licensee knew of the misrepresentation or omission. A statutory agent or transaction broker shall not be liable for an innocent or negligent misrepresentation in information provided to the seller or landlord or to the buyer or tenant if the licensee does not have personal knowledge of the error, inaccuracy or omission that is the basis for the claim of misrepresentation.

58-3076. Referral fees, solicitation of; relocation benefits, threats to reduce or withhold; terminating or amending agency agreements.

A licensee or anyone on behalf of any such licensee or firm, whether licensed in this state or in another state shall not solicit a referral fee without reasonable cause. Reasonable cause shall not exist unless one of the following conditions exists: An actual introduction of business has been made; a contractual referral fee relationship exists; or a contractual cooperative brokerage relationship exists. A licensee or anyone on behalf of any such licensee or firm, whether licensed in this state or in another shall not: Threaten to reduce or withhold employee relocation benefits or take other action adverse to the interest of a client or customer of a real estate licensee; or counsel a client or customer of another real estate licensee on how to terminate or amend an existing agency agreement or sales contract. Communicating corporate relocation policy or benefits to a transferring employee shall not be considered a violation of this paragraph, as long as the communication does not involve advice or encouragement on how to terminate or amend an existing agency contract.

58-3082. Suspended, deactivated or revoked license; effect on commissions.

A licensee whose license is suspended, deactivated or revoked may receive any personally earned commission during the period of suspension, deactivation or revocation only for those acts performed and for which commission was personally earned when the person was actively licensed prior to the effective date of the suspension, deactivation or revocation. This statute is not intended to determine whether a licensee is entitled to compensation. Entitlement to compensation shall depend upon the terms of the licensee's written employment or independent contractor agreement with the licensee's former supervising broker or branch broker and is a matter of contract law. The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.

58-3040. Nonresident license.

A nonresident of this state may be granted a broker's license if: The nonresident is licensed as a broker in the nonresident's state of residence; and such nonresident meets all requirements imposed by this act on Kansas residents for licensure as a broker, except that the Commission may waive the education provided by subsection (b) of K.S.A. 58-3046a and amendments thereto, the examination provided by K.S.A. 58-3039 and amendments thereto and the experience provided by subsection (c) of K.S.A. 58-3039 and amendments thereto for a nonresident who, in the judgment of the Commission, has received equivalent education, has passed an equivalent examination and has obtained equivalent experience. A nonresident broker employed by or associated with a broker licensed pursuant to this act may be granted a broker's license under such broker, if: The broker is licensed as a broker in the broker's state of residence; and such broker meets all requirements imposed by this act on Kansas residents for licensure as a broker, except that the Commission may waive the education provided by subsection (b) of K.S.A. 58-3046a and amendments thereto, the examination provided by K.S.A. 58-3039 and amendments thereto and the experience provided by subsection (c) of K.S.A. 58-3039 and amendments thereto if, in the judgment of the Commission, the broker has received equivalent education, has passed an equivalent examination and has obtained equivalent experience. A nonresident salesperson employed by or associated with a broker licensed pursuant to this act may be granted a salesperson's license under such broker, if: The salesperson is licensed as a salesperson in the salesperson's state of residence; and such salesperson meets all requirements imposed by this act on Kansas residents for licensure as a salesperson, except that the Commission

86-3-6a Offices.

A primary office may be in the supervising broker's residence. A branch office may be in the branch broker's residence. Office space shall be sufficient to maintain the records relating to the broker's real estate business and to allow examination or inspection by the Commission pursuant to K.S.A. 58-3061 and amendments thereto without interference by other users of the property.

58-30,106. Minimum requirements of seller's or landlord's agent.

A seller's agent or a landlord's agent shall be a statutory agent with the duty and obligation to: Perform the terms of the written agreement made with the client; promote the interests of the client with the utmost good faith, loyalty and fidelity, including: presenting in a timely manner all offers to and from the client, when such offer is received prior to the closing of the sale unless the seller instructs the broker in the agency agreement not to submit offers after an offer has been accepted by the seller; disclosing to the client all adverse material facts actually known by the licensee about the buyer or tenant; and advising the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee; account in a timely manner for all money and property received; comply with all requirements of this act and rules and regulations adopted hereunder; and comply with any applicable federal, state and local laws, rules and regulations and ordinances, including fair housing and civil rights statutes and rules and regulations. If pursuant to subsection (a)(2)(C), the licensee advised the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee, no cause of action for any person shall arise against the licensee pertaining to such material matters. A seller's or landlord's agent shall not disclose any confidential information about the client unless disclosure is required by statute or rule and regulation or failure to disclose the information would constitute fraudulent misrepresentation. No cause of action for any person shall arise against a licensee acting as a seller's or landlord's agent for making any required or permitted disclosure. A s

58-3084. Expiration, suspension, deactivation or revocation of certain licenses; effect on pending closings.

A supervising broker or branch broker whose license is expired or is suspended, deactivated or revoked may not personally finalize any pending closings. This responsibility must be given to another broker, an attorney, a financial institution or an escrow company. If the commission has not authorized another broker to act as the supervising broker or branch broker, transfer of the responsibility for finalizing a pending closing shall be done with the written approval of all parties to the transaction. If the commission has not authorized another broker to act as the supervising broker or branch broker, all parties to the transaction shall be advised of the facts concerning the situation concerning the status of the license of the supervising broker or branch broker and shall be provided the name, address and telephone number of the responsible entity where all trust and escrow moneys will be held in accordance with the written agreement of the parties to the transaction. The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.

86-3-8 Brokerage agreements.

A supervising broker or branch broker, or any salesperson or associate broker employed by or associated with the supervising broker or branch broker, shall not enter into any written brokerage agreement containing a provision that automatically extends the term of the agreement beyond the expiration date.

86-3-7 Advertising.

All advertising, except on property which is not listed with a broker and which is personally owned by a licensee or in which a licensee may have an interest, shall include the name of the broker by using the broker's trade or business name and such other information as the broker considers necessary. The use of only a post office box number, telephone number or street address shall be deemed a violation of K.S.A. 58-3062(a)(1). Unless property personally owned by a licensee or property in which a licensee may have an interest is listed with a broker, all advertising caused by the licensee on such property shall be done in such a manner as to clearly inform the public that a real estate broker, associate broker or salesperson is the owner of or has an interest in the property advertised. A real estate broker who enters into an agreement which authorizes the broker to utilize the name or trade name of any other person in the conduct of the broker's real estate business shall file a copy of such agreement in the public records of the Commission. The term ``trade name'' shall include, but not be limited to, trademark, service mark or trade identification. Failure to comply with this section shall be deemed a violation of K.S.A. 58-3062(a)(1). A broker shall not advertise or promote the broker's business in a manner that would confuse, hinder or mislead the public as to the identity of the broker responsible for the debts and liabilities of the business or entity. Violation of this section shall be deemed a violation of K.S.A. 58-3062(a)(1).

86-2-8 Examination of records.

All documents and records delineated in the Kansas real estate brokers' and salespersons' license act and the brokerage relationships in real estate transactions act and their accompanying regulations shall be examined by the Commission or designated agents or employees of the Commission at least once every five years, but no more than twice during any 12-month period beginning on July 1. Examination of records shall be made between the hours of 8:00 a.m. and 6:00 p.m., unless otherwise agreed by all interested persons or entities. Examinations shall be conducted by commission members, the director of the Commission, or employees of the Commission. Examination and inspection of a licensee's records or a group of licensees' records may be authorized by the Commission or its director. The authorized examination may be conducted without notice to the licensee. This regulation shall not restrict the frequency of examinations that may be conducted to investigate a specific complaint filed with the Commission. Such an examination may be authorized by the Commission or its director at any time, but shall be limited as follows. Only those documents subject to the recordkeeping requirements of the acts specified in subsection (a) above and their accompanying regulations shall be examined. Examinations shall be made only between the hours of 8:00 a.m. and 6:00 p.m., unless otherwise agreed by all interested persons or entities. Examinations may be conducted by commission members, the director of the Commission, or employees of the Commission. The authorization for such examination of records may be made by either the Commission or its director.

86-1-4 Renewal of license.

All original licenses shall be issued for the period of time remaining until the expiration date determined by the schedule contained in K.A.R. 86-1-3. The effective date of each renewed license shall be the calendar day following the expiration date. The renewal date shall be the due date of the renewal application, which is the last calendar day of the month preceding the license expiration date.

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 act for judicial review and civil enforcement of agency actions.

58-3039. Licensure; application; criminal history record check; qualifications; examination; temporary salesperson's license, issuance, cancellation, late fee.

Any person desiring to act as a broker or salesperson must file a written application for a license with the commission or, if required by the commission, with the testing service designated by the commission. The application shall be in such form and detail as the commission shall prescribe. Any applicant who qualifies for licensure as a salesperson shall submit the application accompanied by evidence of compliance with subsection (a) of K.S.A. 58-3046a, and amendments thereto. Any applicant who qualifies for licensure as a broker shall submit the application accompanied by evidence of compliance with subsection (b) of K.S.A. 58-3046a, and amendments thereto. Any applicant who qualifies for licensure as a salesperson on or after July 1, 2007, shall submit the application accompanied by evidence of compliance with subsection (c) of K.S.A. 58-3046a, and amendments thereto. Any applicant who qualifies for licensure as a broker on or after July 1, 2007, shall submit the application accompanied by evidence of compliance with subsection (d) of K.S.A. 58-3046a, and amendments thereto. All applicants shall submit the application and license fees as prescribed by K.S.A. 58-3063, and amendments thereto. As part of an application for an original license or in connection with any investigation of any holder of a license, the commission shall require a person to be fingerprinted and submit to a state and national criminal history record check. The fingerprints shall be used to identify the person and to determine whether the person has a record of criminal history in this state or other jurisdiction. The commission shall require the applicant to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The commission shall use the i

58-3069. Same; court order directing payment from, when; hearing; recovery limitation; attorney fees.

Any person who meets all of the conditions prescribed by subsection (b) of K.S.A. 58-3068 and amendments thereto, except where the court finds compliance not reasonable or practicable pursuant to subsection (b), may apply to the court in which the judgment was rendered for an order directing the Real Estate Commission to cause payment to be made to such person from the real estate recovery revolving fund. At the time the application is made, the court shall cause notice thereof to be given to the director of the Commission, stating the time set by the court for a hearing thereon, which shall not be less than 10 nor more than 30 days after the application is filed. At the hearing, the claimant shall appear and present such proof and evidence as the court may require to establish the claimant's right to recovery from the real estate recovery revolving fund, and the director of the Commission may appear, in person or by counsel, and present evidence or testimony with respect thereto. Upon the hearing, the court may enter an order directing the director of the Commission to cause payment to be made to the claimant from the real estate recovery revolving fund if the court determines that: The claimant meets all of the conditions prescribed by subsection (b) of K.S.A. 58-3068 and amendments thereto; or compliance with subsection (b)(4), (5) or (6) of K.S.A. 58-3068 and amendments thereto is not reasonable or practicable and the claimant is otherwise qualified and has pursued all reasonable means to collect the amount of the judgment or the unsatisfied portion thereof. The recovery allowed a claimant hereunder shall be the lesser of: An amount equal to that part of the unsatisfied portion of the judgment which reflects actual or compensatory damages plus the amount of any reasonable attorney fees incurred by the claimant in e

58-3037. Exemptions. The provisions of this act shall not apply to:

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. Any person who directly performs any of the acts within the scope of this act with reference to property that such person is authorized to transfer in any way by a power of attorney from the owner, provided that such person receives no commission or other compensation, direct or indirect, for performing any such act. Services rendered by an attorney licensed to practice in this state in performing such attorney's professional duties as an attorney. Any person acting as receiver, trustee in bankruptcy, administrator, executor or guardian, or while acting under a court order or under the authority of a will or a trust instrument or as a witness in any judicial proceeding or other proceeding conducted by the state or any governmental subdivision or agency. Any officer or employee of the federal or state government, or any political subdivision or agency thereof, when performing the official duties of the officer or employee. Any multiple listing service wholly owned by a nonprofit organization or association of brokers. Any nonprofit referral system or organization of brokers formed for the purpose of referral of prospects for the sale or listing of real estate. Railroads or other public utilities regulated by the state of Kansas, or their subsidiaries, affiliated corporations, officers or regular employees, unless performance of any of the acts described in subsection (f) of K.S.A. 58-3035, and amendments thereto, is in connection with the sale, purchase, lease or other disposition of real estate or investment therein unrelated to the principal business activity of such railroad or other public utility or affiliated or subsidiary corporation thereof. The

86-1-12 Monitoring courses; withdrawal of approval.

Approved courses and instructors may be monitored by the Commission through classroom visitations, with or without prior notice, and by survey of course participants. Commission evaluation of an instructor shall address whether the approved course syllabus is adequately covered. If the Commission determines that the instructor's presentations do not reflect current real estate knowledge or allow the student to meet objectives of the course, the evaluation report shall specify these deficiencies. The evaluation may include a rating of the instructor's knowledge of the subject matter and ability to effectively instruct. A written report shall be furnished to the school coordinator regarding any unsatisfactory evaluation of an instructor. If an instructor receives a second unsatisfactory evaluation, the instructor's approval to teach the course may be withdrawn. Written notification of this action shall be given to the school coordinator and the instructor. The notification shall outline the reasons for withdrawal of approval. If the school coordinator and instructor show satisfactory evidence that deficiencies have been corrected, the Commission may reinstate approval of the instructor to teach the course. When approval of an instructor is withdrawn, the school may assign another approved instructor to teach the course. If another instructor is not designated to teach the course, approval of the course shall be withdrawn for any subsequent offerings of the course by the school. The Commission may also withdraw course approval for falsification of attendance records or failure to comply with any provision of K.A.R. 86-1-10 or K.A.R. 86-1-17. Withdrawal of course approval during class sessions in process shall not affect credit given to students who are attending the course. The Commission may reinstate approval of a cours

86-3-26 Real estate brokerage relationships brochure.

As required by K.S.A. 58-30,110, and amendments thereto, each licensee shall give any prospective buyer or seller a brochure entitled ``Real estate brokerage relationships.'' Each brokerage firm may either obtain a copy of this brochure from the Commission for reproduction and use by its affiliated licensees or design a brochure that contains the minimum information contained in subsections (a), (b), (c), and (d). If a brokerage firm designs its own ``Real estate brokerage relationships'' brochure, the brochure may be in a format determined by the brokerage firm and may include the company name, company logo, and an explanation of the firm's brokerage relationships policy. Seller's agent. The seller's agent represents the seller only, so the buyer may be either unrepresented or represented by another agent. The seller's agent is responsible for performing the following duties: Promoting the interests of the seller with the utmost good faith, loyalty and fidelity; protecting the seller's confidential, unless disclosure is required; presenting all offers in a timely manner; advising the seller to obtain expert advice; accounting for all money and property received; disclosing to the seller all adverse material facts about the buyer that the agent knows; and disclosing to the buyer all adverse material facts actually known by the agent, including the following: Environmental hazards affecting the property that are required to be disclosed; the physical condition of the property; any material defects in the property or in the title to the property; and any material limitation on the seller's ability to complete the contract. The seller's agent has no duty to perform the following: Conduct an independent inspection of the property for the benefit of the buyer; or independently verify the accuracy or completeness of any sta

58-30,102. Definitions.

As used in the brokerage relationships in real estate transactions act, unless the context otherwise requires: "Affiliated licensee" means any individual licensed as a salesperson or broker under the Kansas real estate brokers' and salespersons' license act who is employed by a broker or affiliated with a broker as an independent contractor. "Agency" means every relationship in which a broker acts for or represents another, by the latter's express written authority, in a real estate transaction. "Agency" also means the relationship in which a broker, by verbal authorization pursuant to subsection (d)(2) of K.S.A. 2001 Supp. 58-30,103, and amendments thereto, acts for or represents any agency of the federal government in the sale of property owned by the federal agency. "Agency agreement" means a written agreement setting forth the terms and conditions of the relationship between a broker and the broker's client. "Broker" means: (1) An individual who is licensed as a broker under the Kansas real estate brokers' and salespersons' license act and who has an agency with a seller, buyer, landlord or tenant or acts as a transaction broker; or (2) an association, corporation, limited liability company, limited liability partnership, partnership or professional corporation of which the officers and members, or persons employed by or associated with the association, corporation, limited liability company, limited liability partnership, partnership or professional corporation, are licensed pursuant to K.S.A. 58-3042, and amendments thereto and which has an agency with a seller, buyer, landlord or tenant or acts as a transaction broker. The term "broker" includes the broker's affiliated licensees except where the context would otherwise indicate. If an individual broker is indicated by the context, the term "broker" means the sup

58-3077. Commercial real estate; sharing commissions with unlicensed persons, when authorized.

As used in this section: "Commercial real estate" means any real estate for which the present use is other than one to four residential units or for agricultural purposes. "Foreign licensee" means a real estate licensee, in good standing of another state or country. Words and phrases used in this section have the meanings ascribed thereto in K.S.A. 58-3035, and amendments thereto. A branch broker or supervising broker may cooperate with and share commissions or other compensation for services related to commercial real estate with a foreign licensee and such foreign licensee shall be permitted to perform services requiring a license under K.S.A. 58-3034 et seq., and amendments thereto, with respect to commercial real estate in this state even though such foreign licensee is not licensed thereunder if: The real estate is not improved with a single family residence; and the foreign licensee agrees to cooperate with a branch broker or supervising broker of this state in any commercial real estate transaction, as evidenced by execution of and compliance with a broker cooperation agreement which shall include, but not be limited to, provisions requiring: The foreign licensee to comply with all applicable laws and regulations of this state; the foreign licensee to submit to the jurisdiction of the courts of this state, the jurisdiction of the Kansas real estate commission and the applicability of the laws and regulations of this state for the conduct of the foreign licensee with respect to commercial real estate and any and all claims related thereto; the foreign licensee to give its written irrevocable written consent to service of process upon such foreign licensee by valid service upon the secretary of state of this state and upon the secretary of state of the state or province of the foreign licensee's real estate licens

86-1-13 Submission of evidence of course attendance.

Before taking the examination required by K.S.A. 58-3039, and amendments thereto, each applicant for an original license as a salesperson shall submit evidence required by subsection (a) of K.S.A. 58-3046a, and amendments thereto, to the testing service designated by the commission. The evidence submitted shall be a certificate of completion of a course registered pursuant to K.A.R. 86-1-11 under the title "principles of real estate,'' pursuant to K.S.A. 58-3046a and amendments thereto. Before taking the examination required by K.S.A. 58-3039, and amendments thereto, each applicant for an original license as a broker shall submit the evidence required by subsection (b) of K.S.A. 58-3046a, and amendments thereto, to the testing service designated by the commission. The evidence shall be a certificate of completion of a course registered pursuant to K.A.R. 86-1-11 under the title "broker pre-license course,'' pursuant to K.S.A. 58-3046a and amendments thereto. Each applicant for an original license as a salesperson shall submit, with the application for licensure, the evidence required by subsection (c) of K.S.A. 58-3046a, and amendments thereto, which shall be a certificate of course completion of a course registered pursuant to K.A.R. 86-1-11(c) under the title "Kansas practice course." Each applicant for an original license as a broker shall submit, with the application for licensure, the evidence required by subsection (d) of K.S.A. 58-3046a, and amendments thereto, which shall be a certificate of course completion of a course registered pursuant to K.A.R. 86-1-11(d) under the title "Kansas law course". Each licensee shall retain certificates of completion for each course attended to meet the requirements of subsection (e) or (f) of K.S.A. 58-3046a and amendments thereto until the licensee's license has been renewed

86-1-5 Fees.

Each applicant shall pay a fee in an amount equal to the actual cost of the examination and the administration of the examination to the testing service designated by the Commission. Each applicant shall submit the following fees for licensure to the Commission: For submission of an application for an original salesperson's or broker's license, a fee of $15; for a temporary salesperson's license, a sixmonth fee of $25; for an original salesperson's license, a prorated fee based on a two-year amount of $100; for an original broker's license, a prorated fee based on a two-year amount of $150; for renewal of a salesperson's license, a two-year fee of $100; for renewal of a broker's license, a two-year fee of $150; for reinstatement of a license that has been deactivated or that has been canceled pursuant to K.S.A. 58-3047(c), and amendments thereto, or by reason of termination of a salesperson or associate broker, a fee of $15; for reinstatement of each license canceled pursuant to K.S.A. 58-3047(d) or (f), and amendments thereto, a fee of $7.50; for a duplicate license, a fee of $10; for certification of licensure to another jurisdiction, a fee of $10; for each branch office, a fee of $25; for each primary office of a company created or established by a supervising broker, a fee of $25; for certification of a licensee's education history under K.S.A. 58-3046a, and amendments thereto, a fee of $10; for certification of licensure of a professional corporation, a fee of $10; and for each additional primary or branch office at which a salesperson or an associate broker, supervising broker, or branch broker is associated or employed, if the person is associated or employed by more than one primary or branch office, a fee of $10, which shall be paid by the salesperson or broker. Each applicant for an original salesperson's or

86-3-10 Retention of records.

Each broker shall retain in the broker's files for a period of at least three years true copies of all records relating to the broker's real estate business, including: contracts; closing statements; correspondence; and records required by K.A.R. 86-3-18.

86-3-27 Transaction broker addendum.

Each broker shall use a transaction broker addendum form (TBA-RES) approved by the commission on April 10, 1997, which is hereby adopted by reference, to obtain the informed consent of a seller client and a buyer client for the broker to act as a transaction broker, on a contemplated transaction between the buyer and the seller, for the sale of a residential property of four or fewer units. Each broker shall use a transaction broker addendum form (TBA-COMM) approved by the Commission on April 10, 1997, which is hereby adopted by reference, to obtain the informed consent of a seller client and a buyer client for the broker to act as a transaction broker, on a contemplated transaction between the buyer and seller, for the sale or lease of commercial property or the sale of residential property of more than four units. Each broker shall use a transaction broker addendum form (TBA-AG) approved by the commission on August 14, 1997, which is hereby adopted by reference, to obtain the informed consent of a seller client and a buyer client for the broker to act as a transaction broker, on a contemplated transaction between the buyer and seller, for the sale of agricultural land. Each broker shall use a transaction broker addendum form (TBA-DA) approved by the commission on April 10, 1997, which is hereby adopted by reference, to obtain the informed consent of a seller client and a buyer client for a designated agent to act as a transaction broker, on a contemplated transaction between the buyer and seller. This regulation shall take effect on and after October 1, 1997.

58-3060. Brokers; principal place of business, requirements.

Each licensed resident broker shall have and maintain a principal place of business in the state of Kansas, or in an adjoining state with the written permission of the Commission, which shall serve as such broker's primary office for the transaction of business. Each licensed nonresident broker shall have and maintain a principal place of business in the broker's state of residence or in the state of Kansas which shall serve as such broker's primary office for the transaction of business. A supervising broker shall be designated to supervise the primary office and the activities of salespersons and associate brokers assigned to the primary office. Each additional office or place of business, other than the primary office, shall be designated a branch office and a branch broker shall be designated to supervise such office and the activities of salespersons and associate brokers assigned to such office. A branch broker's license and those of salespersons and associate brokers assigned to the branch office shall be displayed in the branch office. All other licenses of brokers, salespersons and associate brokers shall be displayed in the broker's primary office. A broker shall give written notice to the director of any change in location of any office of the broker, by returning licenses for cancellation and reinstatement under the new location as provided by K.S.A. 58-3047 and amendments thereto. The requirement of maintaining an office as provided by this section shall not apply to an associate broker, to a broker whose license is on deactivated status or to an officer, member, partner, shareholder or employee of an association, corporation, limited liabilitiy company, limited liability partnership, partnership or professional corporation who is not designated as the supervising broker of an office of the association, co

86-3-15 Reporting of information.

Each licensee shall report any of the following circumstances to the commission, in writing and within 10 days of the date of occurrence: Any litigation filed by or against the licensee or any real estate company owned in whole or in part by the licensee relating to the business of buying, selling, exchanging, or leasing real estate or to any activity listed in the definition of "broker" in K.S.A. 58-3035 and amendments thereto. The licensee shall provide a copy of the petition or complaint setting forth the allegations; disposition of any litigation reported pursuant to paragraph (a)(1); any court judgment filed against the licensee or any real estate company owned in whole or in part by the licensee; any charge of, arrest or indictment for, plea of guilty or nolo contendere to, or conviction of any of the following: Any misdemeanor that reflects on the licensee's honesty, trustworthiness, integrity, or competence to transaction the business of real estate; or any felony; any change in the licensee's name; any change in the licensee's residence address; any denial by another jurisdiction of an application made by the licensee for a broker or salesperson license; any suspension or revocation of, or any other disciplinary action taken by another jurisdiction against a broker or salesperson license held by the licensee; or any denial, suspension, revocation, voluntary surrender, or any other disciplinary action taken by the state of Kansas or another jurisdiction against any professional or occupational license or certificate held by the licensee. Each supervising broker for a partnership, association, or corporation whose members or officers are licensed pursuant to K.S.A. 58-3042, and amendments thereto, shall be responsible for reporting the information required by this regulation as it relates to the partnership, ass

86-1-11 Minimum curricula and standards for course.

Each school offering a course approved by the commission under subsection (a) of K.S.A. 58-3046a, and amendments thereto, shall use a course outline provided by the commission and shall register the course under the title "principles of real estate.'' Each school offering a course approved by the commission under subsection (b) of K.S.A. 58-3046a, and amendments thereto, shall use a course outline provided by the commission and shall register the course under the title "broker pre-license course.'' Each school offering a course approved by the commission under subsection (c) of K.S.A. 58-3046a, and amendments thereto, shall use a course content outline provided by the commision and shall register the course under the title "Kansas practice course." Each school offering a course approved by the commission under subsection (d) of K.S.A. 58-3046a, and amendments thereto, shall use a course content outline provided by the commision and shall register the course under the title "Kansas law course." The 12 hours of additional instruction required by subsections (e) and (f) of K.S.A. 58-3046a, and amendments thereto, shall consist of courses approved by the commission. The hours required for each renewal of a salesperson's license shall consist of at least three hours designated as mandatory core hours and not more than nine hours designated as elective hours. The hours required for each renewal of a broker's license shall consist of at least six hours designated as mandatory core hours and not more than six hours designated as elective hours. Each course approved by the commission shall be designated by the commission as either mandatory core hours or elective hours. The following courses may be approved by the commission as mandatory core hours: A course registered under the title "required salesperson and broker core.'' Ea

86-3-22 Transaction identification.

Each supervising broker shall assign a transaction number to each real estate sales contract, option agreement, and lease agreement for which the broker acts as an employee of, or on behalf of, the owner, purchaser, lessor or lessee. If a separate trust account is maintained for a branch office as provided by K.S.A. 58-3061 and amendments thereto, the transaction number shall be assigned by the branch broker. Sales contracts and option agreements shall be numbered in consecutive order by contract date within each calendar year, as specified in this paragraph. Each sales contract or option agreement shall be assigned a two-part number, with the parts separated by a hyphen. The first part, which shall consist of two digits, shall be the last two digits of the calendar year. The second part shall designate the numerical order of the contract or agreement within that calendar year, beginning with the number "1" and always preceded by one or more zeros. Lease agreements shall be numbered in consecutive order by contract date within each calendar year as specified in this paragraph. Each lease agreement shall be assigned a two-part number, with the parts separated by a hyphen. The first part shall consist of the capital letter "L" followed by the last two digits of the calendar year. The second part shall designate the numerical order of the lease agreement within that calendar year, beginning with the number "1" and always preceded by one or more zeros. If a broker deposits earnest money in the broker's trust account before contract acceptance, the broker shall assign a transaction number to the offer. The date of the deposit shall be used as the contract date for the sole purpose of assigning numbers in consecutive order pursuant to subsection (b). If the offer subsequently becomes a contract, the transaction number assign

58-3079. Supervising broker; use of trade name.

Each supervising broker who desires to do business under a trade name or business name other than the supervising broker's own name shall register with and obtain approval from the commission for use of the trade name or business name. The use of the trade name or business name may be disapproved by the commission if, in the judgment of the commission, the use of the trade name or business name would be misleading or confusing to the public. The reasons for disapproval may include the following: The requested trade name or business name or a similar name is currently in use, or has been in use during the past two years, in the same marketing area. Terms are used in the trade name or business name that are misleading or confusing. A branch office shall use the same trade name or business name as that used by the primary office. The provisions of this section shall be a part of and supplemental to the real estate brokers' and salespersons' license act.

86-3-18 Trust account records.

Each supervising broker, and each branch broker who maintains a separate trust account for a branch office as provided by K.S.A. 58-3061 and amendments thereto, shall maintain in the broker's office a complete record of all monies received or escrowed on real estate transactions, including the following: Deposit slips showing the transaction number assigned pursuant to K.A.R. 86-3-22, the date of deposit, the amount, and where deposited; monthly trust account bank, savings and loan association or credit union statements, including canceled checks and deposit slips; all voided trust account checks; a check register which shows the chronological sequence in which funds are received and disbursed. For funds received, the check register shall include the date of deposit, the transaction number assigned pursuant to K.A.R. 86-3-22, and the amount. For disbursement, the check register shall include the date, the transaction number assigned pursuant to K.A.R. 86-3-22, the payee, and the amount. The names of the principals may be included. A balance shall be shown, and the balances shall be kept current; a ledger for each transaction. The ledger shall include the names of the principals, the property address, and the transaction number assigned pursuant to K.A.R. 86-3-22; the amount and date of deposit of all monies received; and the check number, the date, the payee, and the amount of each disbursement. A balance shall be shown for each ledger account, and balances shall be kept current; and a ledger for broker's funds, if such funds are deposited in the trust account pursuant to K.S.A. 58-3062(a)(3) and amendments thereto. The balance shall be kept current. The trust account shall be reconciled monthly against bank, savings and loan association, or credit union records unless there has been no activity during the month. Trust

86-1-17 Responsibilities of schools.

Evaluation of courses and instructors. The coordinator appointed by each school pursuant to K.A.R. 86-1-10 shall regularly and consistently evaluate the courses and instructors. At the request of the commission, the coordinator shall perform the following: Ask students to complete an instructor evaluation form approved by the commission; and unless the instructor is also the coordinator, complete an instructor evaluation form. The coordinator shall submit the student and coordinator evaluations to the commission. Before the conclusion of each course, each school shall notify all students that a student opinion form may be obtained from the commission and is available electronically. Issuance of certificates to students. Within seven calendar days of completion of the course, each school shall issue a certificate of completion in person, electronically, or by mail to each student who successfully completes a course approved by the commission. Each school shall use certificate forms approved by the commission. The school shall not issue a certificate to any student who was absent for more than 10 percent of the classroom hours scheduled for courses registered, pursuant to K.A.R. 86-1-11, under the title "principles of real estate,'' "broker pre-license course,'' "salesperson's post-license course,'' or "Kansas practice course." The school shall not issue a certificate to any student who was absent during any portion of the scheduled classroom hours for any other course approved by the commission pursuant to K.A.R. 86-1-11. Submission of certificates to the commission. Each school shall submit a copy of each certificate issued for completion of a correspondence or home study program course to the commission within seven calendar days after course completion. If the course completion date is less than seven calendar days b

58-3050. Refusal to grant or renew; revocation, suspension or restriction of license; censure of licensee; civil fines; procedures.

Except as provided in subsection (b) and (c), the commission may refuse to grant or renew a license and the license of any licensee may be revoked, suspended, conditioned or restricted or a licensee may be censured, if: The licensee has committed 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 thereunder; the licensee has entered a plea of guilty or nolo contendere to, or has been convicted of any misdemeanor which reflects on the licensee's honesty, trustworthiness, integrity or competence to transact the business of real estate; the licensee has been finally adjudicated and found to be guilty of violation of the federal fair housing act (42 U.S.C. 3601 et seq.) or K.S.A. 44-1015 through 44-1029, and amendments thereto; the licensee has obtained or reinstated, or attempted to obtain or reinstate, a license by false or fraudulent representation; the licensee has violated any lawful order or directive of the commission; or the licensee has committed a violation in another state and disciplinary action taken against such licensee resulted in the suspension, probation or revocation of such licensee's real estate license in such other state. Except as provided in subsection (c), the commission shall suspend or revoke the license of any licensee who has entered a plea of guilty or nolo contendere to, or has been convicted of any felony. The provisions of subsection (b) shall not apply to any person who: Is currently licensed under this act; has entered a plea of guilty or nolo contendere to, or has been convicted of any offense specified in subsection (b); and has disclosed such plea or conviction in such person's application for any license or renewal thereof on or before July 1, 2007, prior to the commission

86-1-2. Examinations.

Examinations shall be given by the testing service designated by the commission. Each applicant shall register with and pay the examination fee directly to the testing service designated by the commission.

58-3038. Licensure required for recovery of compensation for services; exceptions.

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 requires a license under this act, unless such person was duly licensed under this act at the time of offering to perform any such act or service or procuring any promise to contract for the payment of compensation for any such contemplated act or service. Subsection (a) shall not apply to associations, corporations, limited liability companies, limited liability partnerships, partnerships or professional corporations whose partners, members, officers and employees are licensed as provided by subsection (b) of K.S.A. 58-3042, and amendments thereto. Except as provided by K.S.A. 2001 Supp. 58-3076, and amendments thereto, nothing herein shall preclude a person who is properly licensed as a broker or salesperson in another jurisdiction from collecting a referral fee.

58-3074. Disposition of moneys received by Commission; real estate fee fund.

Except as provided by subsections (b) and (c), the director of the Commission shall remit all moneys received by or for the director from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the real estate fee fund established by former K.S.A. 58-3014, and amendments thereto, which fund is hereby continued in existence. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director or by a person or persons designated by the director. The director of the Commission shall remit all moneys received by or for the director pursuant to K.S.A. 58-3066 through 58-3072, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Except as provided by subsections (b) and (d) of K.S.A. 58-3066, and amendments thereto, upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the real estate recovery revolving fund. The Director of the Commission shall remit all moneys received by or for the director pursuant to K.S.A. 58-3050, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.

58-3046a. Licensure; educational requirements.

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 principles of real estate course, of not less than 30 hours of instruction, approved by the commission and received within the 12 months immediately preceding the filing of application for salesperson's license. The commission may require the evidence to be furnished to the commission with the original application for license or it may require the applicant to furnish the evidence to the testing service designated by the commission as a prerequisite to taking the examination required by K.S.A. 58-3039 and amendments thereto. If the evidence is furnished to the testing service, the instruction shall have been received within 12 months immediately preceding the date of the examination. 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 broker shall submit evidence, satisfactory to the commission, of attendance of 24 hours of instruction, approved by the commission and received within the 12 months immediately preceding the filing of application for broker's license. Such hours shall be in addition to any hours of instruction used to meet the requirements of subsection (c), (d), (e) or (f). The commission may require the evidence to be furnished to the commission with the original application for license, or it may require the applicant to furnish the evidence to the testing service designated by the commission as a prerequisite to taking the examination provided in K.S.A. 58-3039, and amendments thereto. If the evidence is furnished to the testing service, the instruction shall have been received within 12 months immediately preceding

58-3080. Licenses of certain licensees placed on inactive status, when.

Except as provided in subsection (c), when the license of a supervising broker or branch broker expires or is deactivated, the licenses of all licensees associated with or employed by the supervising broker or branch broker shall automatically be placed on inactive status within five calendar days after written notice is issued by the commission to the associated or employed licensee unless notification is provided to the commission prior to the expiration date of the license or the date the license is deactivated that another broker will assume the role as the supervising broker or branch broker or the licensee transfers to another supervising broker or branch broker. If notification is not received by the commission prior to the expiration date or deactivation date of the supervising broker's or branch broker's license that another broker will act as supervising broker or branch broker, the supervising broker or branch broker whose license expires or is deactivated shall return to the commission the licenses of all licensees associated or employed by the supervising broker or branch broker before or immediately upon the expiration date or deactivation date of the supervising broker's or branch broker's license. If deactivation is a condition imposed upon the license of a supervising or a branch broker by order of the commission pursuant to K.S.A. 58-3050, and amendments thereto, the commission may authorize another broker to act as the supervising broker or branch broker during the period of deactivation. If another broker is not authorized to act as the supervising broker or branch broker during the period of deactivation, the supervising broker or branch broker shall return to the commission the licenses of all licensees associated with or employed by the supervising broker or branch broker within five calendar day

58-3067. Same; recovery from; limitations.

Except as provided in subsection (d) of K.S.A. 58-3068, and amendments thereto, payments from the real estate recovery revolving fund under the provisions of this act shall be subject to the following conditions and limitations: Payments shall be made only pursuant to an order of a court of competent jurisdiction, as provided in K.S.A. 58-3071 and amendments thereto, and in the manner prescribed by this act. Payments for claims arising out of the same transaction shall be limited in the aggregate to $15,000, irrespective of the number of claimants or parcels of real estate involved in the transaction. Payments for claims based upon judgments against any one licensed broker or salesperson shall not exceed in the aggregate $30,000 within any calendar year, but in no event shall payments for claims based upon judgments against any one licensed broker or salesperson exceed in the aggregate $50,000. If, at any time, the moneys in the real estate recovery revolving fund are insufficient to satisfy any valid claim, or portion thereof, the director of the Commission shall satisfy such unpaid claim or portion thereof, as soon as a sufficient amount of money has been credited to the fund as provided in subsection (b) of K.S.A. 58-3066 and amendments thereto. If there is more than one such claim outstanding, such claims shall be paid in the order that they were made. Any such unsatisfied claim, or portion thereof, shall accrue interest at the rate of 4%

58-3068. Recovery revolving fund; use of moneys, limitations.

Except as provided in subsection (d), moneys in the real estate recovery revolving fund shall be used in the manner provided by this act to reimburse persons who suffer monetary damages by reason of any of the following acts committed in connection with any transaction involving the sale of real estate in this state by any broker or salesperson who was licensed under the laws of this state at the time the act was committed or by any unlicensed employee of such broker or salesperson: Violation of any of the following provisions of this act: K.S.A. 58-3061 and amendments thereto; or subsection (a)(1), (2), (13), (18), (19) or (25) or subsection (b)(2) of K.S.A. 58-3062 and amendments thereto; or violation of any provision of the brokerage relationships in real estate transactions act; or obtaining money or property by any act which would constitute any crime defined by K.S.A. 21-3701, 21-3704, 21-3705, 21-3707, 21-3710, 21-3711 or 21-3712, and amendments thereto. Any person may seek recovery from the real estate recovery revolving fund under the following conditions: Such person has received final judgment in a court of competent jurisdiction of this state in any action wherein the cause of action was based on any of the acts described in subsection (a); the claim is made within two years after the date that final judgment is entered; such person has caused to be issued a writ of execution upon such judgment, and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of the judgment debtor's property pursuant to such execution was insufficient to satisfy the judgment; such person has made all reasonable searches and inquiries to ascertain whether the j

86-3-21 Trust account documentation.

Except as specified in paragraph (a)(6), each supervising broker or branch broker that maintains a trust account shall file a consent to audit, which is commonly known as a "trust account report," with the commission, on a form approved by the commission, within 10 days of the occurrence of any of the following: The establishment of a new primary office or branch office; a change in the name of the supervising broker or branch broker; a change in the status of the supervising broker or branch broker; a change in the name of the primary office or branch office; a change in the account number for the trust account or a change in the financial institution in which the trust funds are held; a change in the supervising broker for the primary office or the branch broker for the branch office. This trust account report shall be filed by the new broker responsible for supervising the office; or the filing of a report on closing trust account, unless the primary office or branch office has been closed. Each supervising broker or branch broker that closes a trust account shall notify the commission by filing a "report on closing trust account" with the commission on a form approved by the commission, accompanied by a copy of the bank statement showing that the trust account has been closed, within 10 days of the occurrence of any of the following: Closure of the trust account; closure of the primary office or branch office, unless an exemption not to maintain a trust account has been granted by the commission for each trust account that was in existence at the time the primary office or branch office closed; or a change in the account number for the trust account or a change in the financial institution in which the trust funds are held.

86-3-30 Advertising.

For purposes of determining whether the supervising broker's business name or trade name is prominently and conspicuously displayed or announced in a readable and identifiable manner regardless of the type of media used, the following shall be considered by the commission: The terms being used, including the style, size, contrast, and color of the type or font used; and the location or audibility of the supervising broker's trade name or business name as the name appears or is represented in the advertisement.

58-3045. Expiration of license; renewal; reinstatement and renewal of license.

Except for a temporary salesperson's license issued pursuant to subsection (i) of K.S.A. 58-3039, and amendments thereto, 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 date shall be not more than two years from the date of issuance or renewal. Except as otherwise provided by this act, applicants for issuance or renewal of a license must satisfy all applicable requirements prior to issuance or renewal of the license. Except for a temporary salesperson's license issued pursuant to subsection (i) of K.S.A. 58-3039, and amendments thereto, each license shall be renewable upon the filing of a renewal application on or before the renewal date, which is the last calendar day of the month preceding the license expiration date. Such application shall be made on a form provided by the commission and accompanied by (A) the renewal fee prescribed by K.S.A. 58-3063, and amendments thereto, and (B) evidence of compliance with the requirements of K.S.A. 58-3046a and amendments thereto or the licensee's license with the licensee's request that the license be deactivated on the renewal date pursuant to K.S.A. 58-3049, and amendments thereto. Failure to comply with paragraph (1) on or before the renewal date will automatically cancel the license on the license expiration date unless the license is renewed pursuant to subsection (c) prior to the expiration date. The commission may reinstate and renew the license of a licensee who has failed to comply with the requirements of subsection (b)(1) if within six months following the date of the expiration of the license, the licensee submits to the commission an application for late renewal. Such application shall be made on a form provided by the commission and sha

86-1-3 Expiration of licenses.

Except for a temporary salesperson's license, the expiration date of each license shall be determined by the first letter of the licensee's last name, as established in the following chart: First letter of last name: Expiration Date: ``B'' December 31 of each even-numbered year ``C'' February 28 of each odd-numbered year ``D'' and ``E'' April 30 of each odd-numbered year ``F'' and ``G'' June 30 of each odd-numbered year ``H'' August 31 of each odd-numbered year ``I,'' ``J,'' ``K'' and ``L'' October 31 of each odd-numbered year ``M'' December 31 of each odd-numbered year ``N,'' ``O'' and ``P'' February 28 of each even-numbered year ``Q'' and``R'' April 30 of each even-numbered year ``S'' June 30 of each even-numbered year ``T,'' ``U'' and ``V'' August 31 of each even-numbered year ``W,'' ``X,'' ``Y,'' ``Z'' and ``A'' October 31 of each even-numbered year This regulation shall take effect on and after October 1, 1997.

58-30,103. Written agency agreements; written transaction brokerage agreements.

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 as a dual agent or in a dual capacity of agent and undisclosed principal in any transaction. A broker may work with a single party in separate transactions pursuant to different relationships, including, but not limited to, selling one property as a seller's agent and working with that seller in buying another property as a buyer's agent if the broker complies with this act in establishing the relationships for each transaction. A broker who has been working with a seller, landlord, buyer or tenant as a transaction broker may act as an agent for the seller, landlord, buyer or tenant if the broker complies with this act in establishing the agency relationship. A broker may be engaged as a transaction broker by oral or written agreement with the seller, landlord, buyer or tenant. A broker shall be considered a transaction broker unless: An agency relationship between the broker and the party to be represented is established pursuant to this section; or a broker works with a buyer or tenant as a subagent of the seller or landlord by accepting an offer of subagency. Except as provided in subsection (d)(2), a broker intending to establish an agency relationship with a seller or landlord shall enter into a written agency agreement with the party to be represented prior to the licensee's engaging in any of the activities enumerated in subsection (f) of K.S.A. 58-3035, and amendments thereto, as an employee of, or on behalf of, the seller or landlord. If the real estate which is to be offered for sale is owned by any agency of the federal government, a broker may, on behalf of the owner, engage in activities enumerated in subsection (f

86-1-19 Submission of supporting documentation with application.

In addition to submitting the application for original licensure as a real estate broker or salesperson, each applicant shall file the following with the commission: The applicant's fingerprints and a completed waiver, on a form approved by the commission, and the fee required by paragraph (c)(1) of K.A.R. 86-1-5; documentation concerning any litigation filed by or against the applicant or any real estate company owned in whole or in part by the applicant relating to the business of buying, selling, exchanging, or leasing real estate or to any activity listed in the definition of "broker" in K.S.A. 58-3035 and amendments thereto. The applicant shall provide a copy of the petition or complaint setting out the allegations. If the litigation has been resolved, the applicant shall provide a copy of the settlement agreement or order that sets forth the outcome. If a judgment was obtained against the applicant or any real estate company owned in whole or in part by the applicant, the applicant shall indicate whether the judgment has been satisfied. If the judgment has not been satisfied, the applicant shall provide an explanation; documentation concerning any pending charges, plea of guilty or nolo contendere, or conviction of a criminal offense other than minor traffic violations, including final discharge from probation, parole, postrelease supervision, or conditional release, a written explanation of the circumstances that resulted in the charge or conviction, and a letter from the proposed supervising broker or branch broker stating that the broker has reviewed a copy of the pertinent court records concerning any pending criminal charges or any conviction or plea of guilty or nolo contendere disclosed by the applicant in the application for licensure or disclosed in a criminal history check conducted by the Kansas bureau

58-3043. Granting or renewal of license; considerations of the commission; conviction of crime; effect of.

In determining whether to grant or renew a license the commission shall consider: Any revocation or suspension of a prior real estate license; Whether an applicant has committed any of the following during the term of any prior real estate license: A violation of any of the practices enumerated in K.S.A. 58-3062, and amendments thereto; a violation of this act or rules and regulations adopted hereunder; or a violation of the brokerage relationships in reale state transactions act, K.S.A. 58-30,101 et seq. and amendments thereto; whether an application has been finally adjudicated and a determination was made by a federal, state or other appropriate licensing body that the applicant committed any violation that is comparable to a violation in subparagraph (A) during the term of any real estate license issued to the applicant by another jurisdiction; any plea of guilty or nolo contendere to, or any conviction of any misdemeanor which reflects on the applicant's honesty, trustworthiness, integrity or competence to transact the business of real estate; any conduct of the applicant which reflects on the applicant's honesty, trustworthiness, integrity or competence to transact the business of real estate; and such other matters as the commission deems pertinent. The commission may renew or grant an original license to an applicant who has any prior revocation or suspension, conduct or plea of guilty or nolo contendere to or conviction of a misdemeanor as specified in subsection (a) if the applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity and competence to transacct the business of real estate in such a manner as to safeguard the interest of the public. The burden of proof shall be on the applicant to present such evidence to the com

58-30,109. Brokerage firm acting as a transaction broker; affiliated licensees; designated agents; rules and regulations.

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. 2001 Supp. 58-30,113, and amendments thereto, on an in-house transaction with the informed consent of the seller client and the buyer client. The informed consent shall be evidenced by a transaction broker addendum to the agency agreements and shall be signed by the buyer prior to writing the offer and by the seller prior to signing the contract. A broker may personally, or through the broker's duly authorized licensed representative, specifically designate, in a written agency agreement obtained pursuant to K.S.A. 2001 Supp. 58-30,103, and amendments thereto, one or more affiliated licensees who will be acting as legal agent of the buyer client or seller client to the exclusion of all other affiliated licensees. If a buyer client of a designated agent wants to see a property which was personally listed by the broker, the broker, with the written consent of the seller, may specifically designate an affiliated licensee who will act as legal agent of the seller client to the exclusion of all other affiliated licensees. The written consent of the seller shall contain the name of the prospective buyer and shall acknowledge that the broker shall act as a transaction broker regarding any transaction with the buyer. The written consent of the seller shall be signed prior to presentation of any offer. A designated agent of a seller client shall have the duties and obligations set forth in K.S.A. 58-30,106, and amendments thereto. A designated agent of a buyer client shall have the duties and obligations set forth in K.S.A. 58-30,107, and amendments thereto. In any transaction involving a designated agent, the supervising broker of the designated agent shall act as a transaction broker

58-3073. Same; unlawful acts; penalty.

It shall be unlawful for any person or such person's agent to file with the Commission any statement or other document, required under the provisions of K.S.A. 58-3066 to 58-3071, inclusive, and amendments of such sections, which is false or untrue or contains any material misstatement of fact. Violation of the provisions of this section is a class A misdemeanor.

58-3086. Advertising; prohibitions; requirements of; information disclosed; filing of agreements.

No licensee shall use any promotion or advertisement in any type of media that: Is misleading or inaccurate as to any material fact or that in any way misrepresents any property, terms, values, policies; includes the trade name, trademark, collective membership mark, service mark or logo of any organization owning such name, mark or logo without being authorized to do so; includes an office where real estate activity is conducted that is not designated as a primary office or branch office with the commission; or promotes the license's business in a manner that could confuse or mislead the public by using terms or a trade name or a business name that could be construed as the trade name or business name of a supervising broker. Except as specified by subsection (c), all advertising conducted by a licensee shall: Be conducted under the direct supervision of the supervising broker or branch broker; include the name of the supervising broker's trade name or business name by prominently and conspicuously displaying or announcing the supervising broker's trade name or business name in a readable and identifiable manner; and include any other information that the supervising broker or branch broker considers necessary. The advertising of property for sale, lease or exchange shall not be required to include the supervising broker's trade name or business name if the property is not listed with a broker and if either of the following conditions is met: The property is personally owned by a licensee; or a licensee has an interest in the property. If authorized by the supervising broker or the branch broker, an employed or associated salesperson or associate broker may include in the advertisement: The contact information for the employed or associated salesperson or associate broker; a name or team name which cannot be cons

58-3062. Prohibited acts.

No licensee, whether acting as an agent, transaction broker or a principal, shall: Fail to account for and remit any money which comes into the licensee's possession and which belongs to others. Misappropriate moneys required to be deposited in a trust account pursuant to K.S.A. 58-3061, and amendments thereto, convert such moneys to the licensee's personal use or commingle the money or other property of the licensee's principals with the licensee's own money or property, except that nothing herein shall prohibit a broker from having funds in an amount not to exceed $100 in the broker's trust account to pay expenses for the use and maintenance of such account. Accept, give or charge any rebate or undisclosed commission. Pay a referral fee to a person who is properly licensed as a broker or salesperson in Kansas or another jurisdiction or who holds a corporate real estate license in another jurisdiction if the licensee knows that the payment of the referral fee will result in the payment of a rebate by the Kansas or out-of-state licensee. Represent or attempt to represent a broker without the broker's express knowledge and consent. Guarantee or authorize any person to guarantee future profits that may result from the resale of real property. Place a sign on any property offering it for sale or lease without the written consent of the owner or the owner's authorized agent. Offer real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent. Induce any party to break any contract of sale or lease. Pay a commission or compensation to any person, not licensed under this act, for performing any activity for which a license is required under this act. Fail to see that financial obligations and co

58-3042. License nontransferable; only individuals licensed; primary office; supervising broker.

No real estate license shall give authority to any person other than the person to whom the license is issued. No license shall be granted to an association, corporation, limited liability company, limited liability partnership, partnership, or professional corporation. Each person who is an owner, officer or member of an association, corporation, limited liability company, limited liability partnership, partnership, or professional corporation and who performs any act described in subsection (f) of K.S.A. 58-3035, and amendments thereto, and each person who is employed by or associated with an association, corporation, limited liability company, limited liability partnership, partnership, or professional corporation and who performs any act described in subsection (f) of K.S.A. 58-3035, and amendments thereto, shall be a licensed broker or licensed salesperson. If any person who is an owner, officer or member of an association, corporation, limited liability company, limited liability partnership, or professional corporation performs any act described in subsection (f) of K.S.A. 58-3035, and amendments thereto, a primary office shall be established and a supervising broker shall be designated pursuant to K.S.A. 58-3060, and amendments thereto, to supervise the office and any employed or associated salespersons or associate brokers and the supervising broker shall obtain approval for the supervising broker's business name or trade name pursuant to K.S.A. 58-3079, and amendments thereto.

58-3078. Residential real estate sales contract; required language.

On and after July 1, 2008, each contract for the sale of residential real estate shall contain as part of such contract the following language: "Kansas law requires persons who are convicted of certain crimes, including certain sexually violent crimes, to register with the sheriff of the county in which they reside. If you, as the buyer, desire information regarding those registrants, you may find information on the homepage of the Kansas Bureau of Investigation (KBI) at http://www.Kansas.gov/kbi or by contacting the local sherriff's office." The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.

58-3078a. Same; information regarding radon.

On and after July 1, 2009, each contract for the sale of residential real property shall contain the following language: "Every buyer of residential real property is notified that the property may present exposure to dangerous concentrations of indoor radon gas that may place occupants at risk of developing radon-induced lung cancer. Radon, a class-A human carcinogen, is the leading cause of lung cancer in non-smokers and the second leading cause overall. Kansas law requires sellers to disclose any information known to the seller that shows elevated concentrations of radon gas in residential real property. The Kansas department of health and environment recommends all home-buyers have an indoor radon test performed prior to purchasing or taking occupancy of residential real property. All testing for radon should be conducted by a radon measurement technician. Elevanted radon concentrations can be easily reduced by a radon mitigation technician. For additional information go to www.kansasradonprogram.org."

58-3041. Restricted or conditioned license.

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 conditions may be imposed on the issuance of the original license or the renewal of the license, if the applicant: Has violated the Kansas real estate brokers' and salespersons' license act, K.S.A. 58-3034 et seq., and amendments thereto, the brokerage relationships in real estate transactions act, K.S.A. 58-30,101 et seq., and amendments thereto, or rules and regulations promulgated thereunder; has a pending charge, plea of guilty or nolo contendere, or conviction of a felony offense unless the application cannot be considered as pursuant to K.S.A. 58-3043, and amendments thereto; has a pending charge, plea of guilty or nolo contendere or conviction of a misdemeanor offense which the commission determines reflects on the honesty, trustworthiness, integrity or competence of the applicant to transact the business of real estate; has received a diversion or suspended imposition of sentence which the commission determines the underlying facts resulting in the misdemeanor charge being filed reflect on the applicant's honesty, trustworthiness, integrity or competence to transact the business of real estate; has a pending case or has received a determination from a military tribunal or administrative proceeding which the commission determines may reflect on the applicant's honesty, trustworthiness, integrity or competence to transact the business of real estate; has pending civil litigation, has a judgment or settlement in civil litigation, has tax liens or other liens which the commission determines may reflect on the applicant's honesty, trustworthiness, integrity or competence to transact the business

58-3048. Commission powers and duties.

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 enforcement of the provisions of this act and may provide such information for publication in newspapers and trade journals and to broadcast media. The Commission, may conduct, hold or assist in conducting or holding real estate courses or institutes, and incur and pay the necessary expenses incurred thereby, which courses or institutes shall be open to any licensee without any charge or fee therefor. The Commission may conduct, hold or assist in conducting or holding instructor development workshops, and incur and pay the necessary expenses incurred thereby. The Commission may assist real estate institutes and foundations, with financial aid or otherwise, in sponsoring studies, surveys and programs for the benefit of real estate licensees, and the elevation of the real estate business. The Commission shall publicize the existence of the real estate recovery revolving fund and the availability of recovery therefrom, the acts for which recovery may be allowed and information regarding the filing of claims for payments, including the conditions and limitations to which the filing of claims and recovery are subject under the provisions of the real estate brokers' and salespersons' license act.

58-30,110. Real estate brokerage relationships.

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". Except as provided in subsection (a)(3), a licensee shall furnish a prospective buyer or seller with the brochure at the first practical opportunity. A licensee is not required to provide a copy of the brochure to a prospective buyer or seller in the following instances: The licensee is acting solely as a principal and not as an agent for another; the communication from the licensee is a solicitation of business; the transaction is regarding the sale of commercial property or the sale of residential property of more than four units; the transaction is regarding the sale of property by public auction; the licensee is only performing ministerial acts; or the customer or client has already received the brochure from the licensee's brokerage firm. Acknowledgment of receipt of the brochure by the seller and buyer shall be included in any contract for sale. Except for instances when a licensee is providing information through an advertisement or other form of public notice of the licensee's representation of a client, a licensee representing a client in a proposed real estate transaction shall disclose the representation at the time of the initial contact with another licensee representing the other party. The disclosure may be made orally or in writing. Each time a licensee is contacted by another licensee who requests permission to show property to a prospective buyer, the licensee shall inquire whether or not the licensee represents the buyer. The disclosure of the brokerage relationship between all licensees involved and the seller and buyer shall be included in any contract for sale and in any lot rese

58-30,104. Termination of relationships.

The agency relationships set forth in K.S.A. 2001 Supp. 58-30,103, and amendments thereto, shall commence at the time that the client engages the broker, and shall continue until: A transaction is closed according to the agreement of the parties; or if a transaction is not closed according to the agreement of the parties, the earlier of: Any date of expiration agreed upon by the parties in the agency agreement or in any amendments thereto; or any authorized termination of the relationship. Except as otherwise agreed in writing, a broker owes no further duties to the client after termination, expiration, or the closing of a transaction according to the agreement of the parties, except: To account for all moneys and property relating to the engagement; and to keep confidential all confidential information received during the course of the engagement unless: The client permits the disclosure by subsequent word or conduct; such disclosure is required by law; or the information becomes public from a source other than the broker. The relationship between a transaction broker and a seller, landlord, buyer or tenant shall terminate when: A transaction is closed according to the agreement of the parties; or if a transaction is not closed according to the agreement of the parties, the earlier of: Any date of expiration agreed upon by the parties; or any authorized termination of the relationship. Except as otherwise agreed in writing, a transaction broker owes no further duties to any party to the transaction after termination, expiration or the closing of a transaction according to the agreement of the parties, except: To account for all moneys and property relating to the engagement; and to keep confidential all information received during the course of the engagement which was made confidential by request of any party to the

74-4206 Duties of attorney general; independent counsel authorized.

The attorney general shall render opinions to the Commission on all questions of law relating to the interpretation of this act or arising in the administration thereof and shall act as attorney for the Commission in all actions and proceedings brought by or against the Commission under or pursuant to any of the provisions of this act. The Commission may hire independent counsel when the Commission deems appropriate, except as provided by KSA 58-3070 and amendments thereto, all fees and expenses of such independent counsel arising out of the performance of duties for the Commission shall be paid out of the real estate fund.

58-3063. Fees.

The commission shall adopt rules and regulations fixing the amounts of the fees provided for by this act, subject to the following: For any examination required for licensure, a fee in an amount equal to the actual cost of the examination and the administration thereof. For any criminal history record check required for licensure, a fee in the amount necessary to reimburse the commission for the cost of administering the criminal history record check. For submission of an application for an original salesperson's license, an amount not exceeding $25. For submission of an application for an original broker's license, an amount not exceeding $50. For an original salesperson's license, a prorated fee based on a two-year amount not exceeding $100. For an original broker's license, a prorated fee based on a two- year amount not exceeding $150. For renewal of a salesperson's license, a fee based on a two-year amount not exceeding $100. For renewal of a broker's license, a fee based on a two-year amount not exceeding $150. For reinstatement of a license which has been deactivated or which has been canceled pursuant to subsection (c) of K.S.A. 58-3047 and amendments thereto, or by reason of termination of a salesperson, an amount not exceeding $15. For reinstatement of all licenses canceled pursuant to subsections (d) or (f) of K.S.A. 58-3047 and amendments thereto, an amount not exceeding $7.50 for each license canceled. For issuance of a duplicate license, an amount not exceeding $10. For certification of licensure to another jurisdiction, an amount not exceeding $10. For approval of a course of instruction submitted by a course provider pursuant to K.S.A. 58-3046a and amendments thereto, an amount not exceeding $75. For renewal of an approved course of instruction pursuant to K.S.A. 58-3046a and amendments thereto, an amoun

58-3047. Issuance of license; cancellation and reinstatement; termination of salesperson or associate broker, effect on license; termination of license effect on pending real estate transactions; duties upon closure of primary office or branch office; effect of.

The commission shall issue a license as broker or salesperson to each applicant who is qualified under and complies with all provisions of this act and rules and regulations adopted hereunder. The form of license shall be prescribed by the commission. A salesperson's or associate broker's license shall be delivered or mailed to the supervising broker or branch broker, if applicable, and shall be kept in the custody and control of such broker until canceled or until the salesperson or associate broker leaves employment by or association with the broker. Immediately upon the termination of a salesperson or associate broker from employment by or association with a broker, the supervising broker or branch broker, if applicable, shall return such salesperson's or associate broker's license to the commission for cancellation. A license canceled but not suspended or revoked may be reinstated at any time during the period for which it was issued upon receipt of the fee for reinstatement prescribed by K.S.A. 58-3063 and amendments thereto and an application therefor. Such application shall be made on a form provided by the commission and shall be signed by the licensee and the licensee's supervising broker or branch broker, if applicable. Upon a change in a supervising broker's name, business name or trade name for the primary office or a change in the location of a supervising broker's office, the supervising broker shall, within 10 days, return to the commission together with the reinstatement fee prescribed by K.S.A. 58-3063 and amendments thereto, for cancellation and reinstatement under the new name or location of the supervising broker: (1) The license of the supervising broker; (2) the license of any other broker who is associated with the supervising broker and whose license requires reinstatement under the new name or

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 by filing a petition in the district court of Shawnee county. No license shall be reinstated, renewed or issued if an assessment for costs has not been paid by the holder of or applicant for such license. Costs shall include: Statutory fees and mileage of witnesses attending a hearing or for the taking of depositions used as evidence; reporter's or stenographic charges for the taking of depositions used as evidence or for transcripts of the hearing; expenses for audits, appraisals, surveys and title examinations; and such other charges authorized to be taxed as costs, as specified by K.S.A. 60-2003 and amendments thereto.

58-3049. Deactivated license.

The license of a broker or salesperson may be deactivated upon request of such broker or salesperson and return of the license to the Commission. Such license shall be held in the office of the Commission for the period that it remains deactivated. A license which is deactivated and which is not suspended or revoked may be reinstated at any time during the period for which the license is issued and may be renewed upon an application and the payment of the renewal fee. Compliance with K.S.A. 58-3046a and amendments thereto, is not required for renewal of a license which is deactivated. Any license which is deactivated for a period of not more than two years and which is not suspended or revoked shall be reinstated if the applicant complies with the requirements of K.S.A. 58-3046a and amendments thereto for the immediately preceding license period and pays the fee for reinstatement prescribed by K.S.A. 58-3063 and amendments thereto. Any license that has been deactivated for a continuous period of more than two years shall be reinstated only if the license has not been suspended or revoked and the licensee meets such requirements for reinstatement as established by the Commission. A broker whose license is deactivated need not maintain the place of business required by K.S.A. 58-3060 and amendments thereto. A licensee whose license is deactivated shall not be entitled to act in any capacity for which a license is required until the licensee's license has been reinstated.

58-3066. Recovery revolving fund; assessment of fees to maintain balance; payments; interest.

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 the manner and for the purpose provided by this act. At any time that the balance remaining in the real estate recovery revolving fund is less than $100,000 the Commission, without delay, shall assess each licensed broker a fee of $10 and each licensed salesperson a fee of $5. Such fees shall be deposited in the state treasury and credited to the real estate recovery revolving fund. If a licensee does not pay the assessment within 30 days from the date notice of assessment is mailed to the last residence address reported to the Commission by the licensee, the licensee's license may be suspended in accordance with the Kansas administrative procedure act until the assessment is paid. A fee of $15 shall be paid by the licensee to reinstate the suspended license. Fees paid to reinstate licenses suspended under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund and the real estate fee fund as provided by subsection (a) of K.S.A. 58-3074, and amendments thereto. All payments and disbursements from the real estate recovery revolving fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the Commission or by any person or persons designated by the Commission. Amounts credited to the real estate recovery revolving fund under this section shall not be subject to any limitation imposed by any appropriation act of the legislature. All payments and disb

58-3061. Trust accounts.

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 payments, earnest money deposits, advance listing fees or other trust funds received in a real estate transaction by the broker or by the broker's associate brokers or salespersons on behalf of a principal or any other person shall be deposited or invested in such account unless all parties having an interest in the funds have agreed otherwise in writing. The account shall be with an insured bank or savings and loan association or credit union which is insured with an insurer or guarantee corporation as required under K.S.A. 17-2246 and amendments thereto. A broker shall not retain any interest accrued on moneys held in an interest-bearing trust account without the written consent of all parties to the transaction. Each broker shall notify the Commission of the name of the bank, credit union or savings and loan association in which the trust account is maintained and of the account name by completing a consent to audit form obtained from the Commission. A broker may maintain more than one trust account if the Commission is advised of each such account as required by this subsection and authorized to examine all such accounts. If a separate trust account is maintained for a branch office, the branch broker shall maintain trust account records required by rules and regulations of the Commission and all transaction files related to the branch office trust account. Each broker shall grant full access to all records pertaining to the broker's trust account to the Commission and its duly authorized representatives. A trust account examination shall be made at such time as the Comm

58-3083. Expiration or deactivation of certain licenses; notifications required, when.

Unless notification is provided to the commission prior to the expiration date or deactivation date of the supervising broker's or branch broker's license that another broker will act as the supervising broker or branch broker, the supervising broker or branch broker whose license expires or is deactivated, on or before the expiration date or deactivation date of the license, shall advise all clients and customers that the supervising broker or branch broker and any licensees that are employed by or associated with the supervising broker or branch broker will be unable to perform the terms and conditions contained in the listing or brokerage agreement with the client or customer after the expiration date or deactivation date of the supervising broker's or branch broker's license. Upon receipt of notice from the supervising broker or branch broker or the expiration date or deactivation date of the supervising broker's or branch broker's license, whichever is earlier, the client or customer may enter into a listing or brokerage agreement with another broker of their choice. Unless the commission notifies the supervising broker or branch broker in writing that the commission has authorized another broker to act as the supervising broker or branch broker during the period of suspension, deactivation or revocation, the supervising broker or branch broker whose license is suspended, deactivated or revoked, within five calendar days after the effec tive date of the order of suspension, deactivation or revocation, shall advise all clients and customers that the supervising broker or branch broker and any licensees that are employed by or associated with the supervising broker or branch broker will be unable to perform the terms and conditions contained in the listing or brokerage agreement with the client or customer after th

58-3071. Same; conditions on court order of directing payment. Any order of the court issued pursuant to K.S.A. 58-3069 shall be conditioned as follows:

Upon receipt by the claimant of the payment from the real estate recovery revolving fund, the claimant shall assign the claimant's right, title and interest in the judgment, to the extent of such payment, to the director of the Commission, and thereupon the director shall be subrogated to such right, title and interest of the claimant; and any amount subsequently recovered on the judgment by the director, to the extent of the director's right, title and interest therein, shall be for the purpose of reimbursing the real estate recovery revolving fund. If the limitations on payments from the real estate recovery revolving fund, as prescribed by K.S.A. 58-3067, preclude payment of the entire amount stated in the court's order, the director of the Real Estate Commission shall be obligated to cause payment to be made therefrom only to the extent permitted under K.S.A. 58-3067.

58-3072. Same; payment from in settlement of claim; revocation of license until reimbursement of amount paid.

Upon the payment of any amount from the real estate recovery revolving fund in settlement of a claim in satisfaction of a judgment against a licensed broker or salesperson, the license of such broker or salesperson shall be automatically revoked. No such broker or salesperson shall be eligible to receive a new license until the broker or salesperson has repaid in full the amount paid from the real estate recovery revolving fund on such broker's or salesperson's account plus interest on that amount at the rate provided by K.S.A. 16-204 and amendments thereto for a judgment rendered on the same date that the amount was paid from the fund. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this section.

86-1-15 Change of last name.

Within 10 days of a licensee's change of last name, the licensee shall notify the commission in writing of the change. Unless the licensee's license has been deactivated, the supervising broker or branch broker shall return the license to the commission with the notification. If, pursuant to the schedule contained in K.A.R. 86-1-3, the change in last name results in a later expiration date of the license, the licensee shall pay a fee, based on the renewal fee prescribed by K.A.R. 86-1-5, prorated for the number of months by which the expiration date is extended. If, pursuant to the schedule contained in K.A.R. 86-1-3, the change in last name results in an earlier expiration date of the license, an amount, based on the renewal fee prescribed by K.A.R. 86-1-5, shall be refunded to the licensee by the commission, prorated for the number of months by which the expiration date is shortened. The license shall be canceled and reinstated by the commission under the licensee's new name and with an expiration date determined by the schedule in K.A.R. 86-1-3. If the first renewal date of the reinstated license is less than 12 months after the last renewal date of the canceled license, the hours of instruction required by subsection (e) or (f) of K.S.A. 58-3046a, and amendments thereto, shall not be required by the commission at the first renewal of the reinstated license. If the first renewal date of the reinstated license is 12 months or more after the last renewal date of the canceled license, the hours of instruction required by subsection (e) or (f) of K.S.A. 58-3046a, and amendments thereto, shall be required by the commission for the first renewal of the reinstated license.

74-4202 Kansas real estate commission; organization; powers and duties compensation and expenses; meetings; office; seal.

Within 30 days after the appointment of the members to be regularly appointed within any year, the Commission shall meet in the city of Topeka for the purpose of organizing by selecting from its membership a chairperson and such other officers as the Commission may deem necessary and appropriate. A majority of the members of the Commission shall constitute a quorum for the exercise of the powers or authority conferred upon it. The Commission shall receive applications for, and issue licenses to, brokers and salespersons, as provided in the real estate brokers' and salespersons' license act and shall administer the provisions of this act and the brokerage relationships in real estate transactions act. The Commission may do all things necessary and convenient for carrying into effect the provisions of the acts and may adopt rules and regulations not inconsistent with the acts. For the purpose of the acts, the Commission shall make all necessary investigations, and every licensee shall furnish to the Commission such evidence as the licensee may have as to any violation the acts or any rules and regulations adopted under the acts. The Commission may enforce any order by an action in the district court of the county where the alleged violator resides or where the violation allegedly occurred. Each member of the Commission shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto. The Commission shall hold meetings and hearings in the city of Topeka or at such places as it shall determine at such times as it may designate and on request of two or more of its members. The Commission shall maintain an office in the city of Topeka, and all files, records and property of the Commission shall at all times be and remain therein. The Commission shall adopt a