reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 29 - Bankruptcy › 58-2901 Recording of certain papers filed in bankruptcy proceedings; effect; fee.

58-2901.
Recording of certain papers filed in bankruptcy proceedings; effect; fee.
The register of deeds of any county wherein is located any land in which a bankrupt or a debtor in any proceeding under the act of congress relating to bankruptcy has any interest shall receive for record and record a certified copy of any pleading, decree, order or other paper, filed in said proceeding, which any act of the congress of the United States provides may be recorded in the records of such a county. Such record shall impart notice to all persons of such bankruptcy proceeding and of the contents of said certified copy, which shall be recorded and indexed in the record of deeds in the office of said register in the name of the bankrupt or debtor as grantor and in the name of the trustee or receiver in bankruptcy or other person (if any) to whom said interest or any part thereof may pass by virtue of law or of said decree, order or other paper as grantee. Said register shall charge and collect the same fee for recording such a certified copy as is provided by law for recording a deed of the same length.
History:
L. 1945, ch. 244, § 1; June 28.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3034 Title of act.

58-3034.
Title of act.
K.S.A. 58-3034 through 58-3077, and K.S.A. 2023 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.
History:
L. 1980, ch. 164, § 1; L. 1986, ch. 209, § 19; L. 1995, ch. 252, § 13; L. 2000, ch. 102, § 1; L. 2007, ch. 88, § 16; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3036 Licensure required.

58-3036.
Licensure required.
Unless exempt from this act under K.S.A. 58-3037, and amendments thereto, no person shall:
(a) Directly or indirectly engage in or conduct or represent that such person engages in or conducts the business of a broker, associate broker or salesperson within this state unless such person is licensed as such a broker, associate broker or salesperson in accordance with this act.
(b) 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.
(c) 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.
History:
L. 1980, ch. 164, § 3; L. 1986, ch. 209, § 15; L. 1989, ch. 167, § 2; L. 1995, ch. 252, § 15; L. 1996, ch. 212, § 3; L. 1997, ch. 65, § 5; L. 2002, ch. 82, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3038 Licensure required for recovery of compensation for services; exceptions.

58-3038.
Licensure required for recovery of compensation for services; exceptions.
(a) Except as provided by subsection (b), no action shall be instituted or recovery be had in any court of this state by any person for compensation for any act or service, the performance of which 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.
(b) 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.
(c) Except as provided by K.S.A. 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.
History:
L. 1980, ch. 164, § 5; L. 1986, ch. 209, § 2; L. 2000, ch. 102, § 3; L. 2010, ch. 104, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3042 License nontransferable; only individuals licensed; primary office; supervising broker.

58-3042.
License nontransferable; only individuals licensed; primary office; supervising broker.
(a) No real estate license shall give authority to any person other than the person to whom the license is issued.
(b) No license shall be granted to an association, corporation, 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.
(c) 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.
History:
L. 1980, ch. 164, § 9; L. 1986, ch. 209, § 17; L. 1989, ch. 167, § 5; L. 1993, ch. 241, § 3; L. 1995, ch. 252, § 18; L. 1996, ch. 212, § 5; L. 1997, ch. 65, § 8; L. 2002, ch. 82, § 4; L. 2010, ch. 104, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3044 Denial of license; hearing; incomplete applications.

58-3044.
Denial of license; hearing; incomplete applications.
(a) If the commission, after a complete application for a license or renewal of a license has been filed, accompanied by the proper fee, refuses to issue or renew the license, the commission shall give written notice 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.
(b) 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.
History:
L. 1980, ch. 164, § 11; L. 1984, ch. 313, § 86; L. 1986, ch. 209, § 6; L. 2010, ch. 104, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3045 Expiration of license; renewal, fee; reinstatement and renewal of expired license, late fee.

58-3045. Expiration of license; renewal, fee; reinstatement and renewal of expired license, late fee.
(a) Each license issued or renewed by the commission shall expire on a date determined in accordance with a schedule established by rules and regulations of the commission, which 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.
(b) (1) Each license shall be renewable upon the filing of a renewal application on or before the expiration date. Such application shall be made on a form provided by the commission and accompanied by the renewal fee prescribed by K.S.A. 58-3063, and amendments thereto.
(2) Failure to comply with paragraph (1) on or before the expiration date will automatically expire the license on the license expiration date unless the license is reinstated and renewed pursuant to subsection (c).
(c) 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. Such application shall be accompanied by payment of the renewal fee prescribed by K.S.A. 58-3063, and amendments thereto, plus a late fee of $100.
(d) An application for renewal filed in compliance with the requirements of subsection (b) shall entitle the applicant to continue operating under the applicant's existing license after its specified expiration date, unless such license has been suspended or revoked and has not been reinstated or unless such license is restricted, until such time as the commission determines whether the application fulfills such requirements.
History:
L. 1980, ch. 164, § 12; L. 1984, ch. 313, § 87; L. 1986, ch. 209, § 7; L. 1997, ch. 65, § 9; L. 2002, ch. 82, § 8; L. 2007, ch. 88, § 7; L. 2019, ch. 23, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3046b Same; act supplemental to license act.

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.
History:
L. 1982, ch. 231, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3048 Commission powers and duties.

58-3048.
Commission powers and duties.
(a) The commission may publish periodically a list of the names and addresses of all persons licensed under the provisions of this act. The commission may publish information concerning disciplinary actions and other information relative to enforcement of the provisions of this act and may provide such information for publication in newspapers and trade journals and to broadcast media.
(b) 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.
(c) The commission may conduct, hold or assist in conducting or holding instructor development workshops, and incur and pay the necessary expenses incurred thereby.
(d) 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.
(e) The commission shall publicize (1) the existence of the real estate recovery revolving fund and the availability of recovery therefrom, (2) the acts for which recovery may be allowed and (3) 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.
History:
L. 1980, ch. 164, § 15; L. 1981, ch. 304, § 1; L. 1989, ch. 167, § 6; L. 1993, ch. 241, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3056 Costs of hearing; assessment; itemization.

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:
(a) Statutory fees and mileage of witnesses attending a hearing or for the taking of depositions used as evidence;
(b) reporter's or stenographic charges for the taking of depositions used as evidence or for transcripts of the hearing;
(c) expenses for audits, appraisals, surveys and title examinations; and
(d) such other charges authorized to be taxed as costs, as specified by K.S.A. 60-2003 and amendments thereto.
History:
L. 1980, ch. 164, § 23; L. 1986, ch. 209, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3058 Appeal of commission orders.

58-3058.
Appeal of commission orders.
Any person aggrieved by an order of the commission may appeal the order in accordance with the provisions of the Kansas judicial review act.
History:
L. 1980, ch. 164, § 25; L. 1984, ch. 313, § 89; L. 2010, ch. 17, § 105; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3060 Brokers; primary office and branch offices, requirements, notices to commission of certain changes or office closure; effect of office closure on affiliated licenses.

58-3060. Brokers; primary office and branch offices, requirements, notices to commission of certain changes or office closure; effect of office closure on affiliated licenses.
(a) Each licensed resident broker shall have and maintain a primary office in the state of Kansas, or in an adjoining state. Each licensed nonresident broker shall have and maintain a primary office in the broker's state of residence or in the state of Kansas.
(b) 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.
(c) A supervising broker shall give written notice to the commission within five days of any change in the:
(1) Supervising broker's name;
(2) business name;
(3) trade name;
(4) location of any office of the broker; or
(5) broker designated as the branch broker or supervising broker of an office.
(d) A supervising broker shall give written notice to the commission within five days of closure of a primary office or branch office. The commission shall place each license that is still affiliated with the closed office, at the time of closure, on inactive status unless that license is affiliated with another office.
(e) 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 liability company, limited liability partnership, partnership or professional corporation who is not designated as the supervising broker of an office of the association, corporation, limited liability company, limited liability partnership, partnership or professional corporation.
(f) A primary office may be in the supervising broker's residence. A branch office may be in the branch broker's residence.
History:
L. 1980, ch. 164, § 27; L. 1986, ch. 209, § 12; L. 2010, ch. 104, § 8; L. 2019, ch. 23, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3063 Fees.

58-3063. Fees.
(a) The commission shall adopt rules and regulations fixing the amounts of the fees provided for by this act, subject to the following:
(1) For any examination required for licensure, a fee in an amount equal to the actual cost of the examination and the administration thereof.
(2) For any criminal history record check, a fee in the amount necessary to reimburse the commission for the cost of administering the criminal history record check.
(3) For submission of an application for an original salesperson's license, an amount not exceeding $25.
(4) For submission of an application for an original broker's license, an amount not exceeding $50.
(5) For an original salesperson's license, a fee based on a two-year amount not exceeding $150.
(6) For an original broker's license, a fee based on a two-year amount not exceeding $200.
(7) For renewal of a salesperson's license, a fee based on a two-year amount not exceeding $150.
(8) For renewal of a broker's license, a fee based on a two-year amount not exceeding $200.
(9) For reinstatement of a license which has been deactivated pursuant to K.S.A. 58-3047(c), and amendments thereto, an amount not exceeding $15.
(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.
(11) For approval of a course of instruction submitted by any licensee for credit toward the 12 hours of additional instruction required by K.S.A. 58-3046a, and amendments thereto, an amount not exceeding $20.
(12) For each branch office opened or established, an amount not exceeding $100.
(13) For each primary office of a company created or established by a supervising broker, an amount not exceeding $100.
(b) Subject to the limitations of this section, the commission shall fix the fees provided for by this section in the amounts necessary to administer and enforce this act.
(c) The fees provided for by this section shall be applicable regardless of the type of license.
History:
L. 1980, ch. 164, § 30; L. 1985, ch. 189, § 1; L. 1988, ch. 197, § 4; L. 1993, ch. 241, § 7; L. 1997, ch. 65, § 15, L. 2006, ch. 151, § 2; L. 2007, ch. 88, § 4; L. 2015, ch. 21, § 6; L. 2019, ch. 23, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3064 Injunction to enforce law.

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.
History:
L. 1980, ch. 164, § 31; L. 1995, ch. 252, § 21; L. 1996, ch. 212, § 8; Revived, L. 1997, ch. 65, § 16; L. 1997, ch. 65, § 17; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3065 Penalties for violations; reporting of minor violations for prosecution not required.

58-3065.
Penalties for violations; reporting of minor violations for prosecution not required.
(a) 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.
(b) 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.
History:
L. 1980, ch. 164, § 32; L. 1995, ch. 252, § 22; L. 1996, ch. 212, § 9; Revived, L. 1997, ch. 65, § 18; L. 1997, ch. 65, § 19; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3066 Recovery revolving fund; assessment of fees to maintain balance; payments; interest.

58-3066.
Recovery revolving fund; assessment of fees to maintain balance; payments; interest.
(a) The real estate recovery revolving fund established within the state treasury by K.S.A. 58-3023, and amendments thereto, is hereby continued in existence. Such fund shall be used in the manner and for the purpose provided by this act.
(b) 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.
(c) 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 disbursements from the real estate recovery revolving fund shall be subject to post audit in accordance with article 11 of chapter 46 of the Kansas Statutes Annotated and any amendments thereto.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the real estate recovery revolving fund interest earnings based on:
(1) The average daily balance of moneys in the real estate recovery revolving fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History:
L. 1980, ch. 164, § 33; L. 1981, ch. 304, § 2; L. 1986, ch. 210, § 1; L. 1987, ch. 295, § 5; L. 1989, ch. 48, § 86; L. 1992, ch. 272, § 5; L. 1996, ch. 253, § 9; L. 2001, ch. 5, § 202; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3067 Real estate recovery revolving fund; recovery from; limitations.

58-3067.
Real estate recovery revolving fund; 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:
(a) 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.
(b) 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.
(c) 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.
(d) 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% per annum.
History:
L. 1980, ch. 164, § 34; L. 1981, ch. 304, § 3; L. 1986, ch. 210, § 2; L. 2008, ch. 155, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3069 Same; court order directing payment from, when; hearing; recovery limitation; attorney fees.

58-3069.
Same; court order directing payment from, when; hearing; recovery limitation; attorney fees.
(a) 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.
(b) 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:
(1) The claimant meets all of the conditions prescribed by subsection (b) of K.S.A. 58-3068 and amendments thereto; or
(2) 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.
(c) The recovery allowed a claimant hereunder shall be the lesser of:
(1) 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 effecting recovery hereunder; or
(2) $15,000.
History:
L. 1980, ch. 164, § 36; L. 1981, ch. 304, § 5; L. 1986, ch. 210, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3070 Same; duties of commission in recovery actions; fees and expenses of counsel.

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.
History:
L. 1980, ch. 164, § 37; L. 1981, ch. 304, § 6; L. 1986, ch. 210, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3071 Same; conditions on court order of directing payment.

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:
(a) 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.
(b) 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.
History:
L. 1980, ch. 164, § 38; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3072 Same; payment from in settlement of claim; revocation of license until reimbursement of amount paid.

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.
History:
L. 1980, ch. 164, § 39; L. 1986, ch. 210, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3073 Same; unlawful acts; penalty.

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.
History:
L. 1980, ch. 164, § 40; L. 1981, ch. 304, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3074 Disposition of moneys received by commission; real estate fee fund.

58-3074. Disposition of moneys received by commission; real estate fee fund.
(a) 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. Ten 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.
(b) 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.
(c) 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 and shall credit the portion of the fine amount collected that equals the commission's actual costs related to the investigation and prosecution of the case and attorney fees, as certified by the executive director of the commission to the state treasurer, to the real estate fee fund as provided by K.S.A. 58-3050, and amendments thereto. The balance of the fine amount collected shall be credited to the state general fund.
History:
L. 1980, ch. 164, § 45; L. 1980, ch. 270, § 2; L. 1981, ch. 304, § 8; L. 1986, ch. 210, § 7; L. 1988, ch. 197, § 5; L. 2001, ch. 5, § 203; L. 2011, ch. 53, § 25; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3075 Severability clause.

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.
History:
L. 1980, ch. 164, § 46; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3076 Referral fees, solicitation of; relocation benefits, threats to reduce or withhold; terminating or amending agency agreements.

58-3076.
Referral fees, solicitation of; relocation benefits, threats to reduce or withhold; terminating or amending agency agreements.
(a) 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:
(1) An actual introduction of business has been made;
(2) a contractual referral fee relationship exists; or
(3) a contractual cooperative brokerage relationship exists.
(b) A licensee or anyone on behalf of any such licensee or firm, whether licensed in this state or in another shall not:
(1) 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
(2) 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.
History:
L. 2000, ch. 102, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3078 Residential real estate sales contract; required language; information regarding registration of persons convicted of crimes.

58-3078.
Residential real estate sales contract; required language; information regarding registration of persons convicted of crimes.
(a) 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 sheriff's office."
(b) The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.
History: L. 2007, ch. 88, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3078a Same; information regarding radon.

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. Elevated radon concentrations can be easily reduced by a radon mitigation technician. For additional information go to www.kansasradonprogram.org."
History:
L. 2008, ch. 153, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3079 Supervising broker; use of trade name.

58-3079.
Supervising broker; use of trade name.
(a) 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:
(1) 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.
(2) Terms are used in the trade name or business name that are misleading or confusing.
(b) A branch office shall use the same trade name or business name as that used by the primary office.
(c) The provisions of this section shall be a part of and supplemental to the real estate brokers' and salespersons' license act.
History:
L. 2007, ch. 88, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3080 Licenses of certain licensees placed on inactive status, when, pending transactions.

58-3080. Licenses of certain licensees placed on inactive status, when, pending transactions.
(a) 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, the licensee transfers to another supervising broker or branch broker or the licensee is currently associated or employed with another 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 deactivation.
(b) The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.
History:
L. 2007, ch. 88, § 10; L. 2009, ch. 7, § 5; L. 2019, ch. 23, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3081 Suspension or revocation of certain licenses; effect on associated or employed licensees, pending transactions.

58-3081. Suspension or revocation of certain licenses; effect on associated or employed licensees, pending transactions.
(a) 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 or the licensee is currently associated or employed with another 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.
(b) The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.
History:
L. 2007, ch. 88, § 11; L. 2019, ch. 23, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3082 Suspended, deactivated or revoked license; effect on commissions.

58-3082.
Suspended, deactivated or revoked license; effect on commissions.
(a) 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.
(b) The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.
History:
L. 2007, ch. 88, § 12; L. 2009, ch. 7, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3083 Expiration or deactivation of certain licenses; notifications required, when.

58-3083.
Expiration or deactivation of certain licenses; notifications required, when.
(a) 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 or deactivation 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.
(b) 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 effective 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 the effective date of the suspension, deactivation or revocation. Upon receipt of notice from the supervising broker or branch broker, or upon the effective date of the order of suspension, deactivation or revocation if notice is not properly given, the client or customer may enter into a listing or brokerage agreement with another broker of their choice.
(c) A supervising broker or branch broker whose license expires or is suspended, deactivated or revoked may not sell or assign listings and brokerage agreements to another broker without the written consent of the owner of the property, and any sale or assignment of a listing or brokerage agreement must be completed prior to the expiration of the supervising broker's or branch broker's license or the effective date of the order of suspension, deactivation or revocation.
(d) The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.
History:
L. 2007, ch. 88, § 13; L. 2009, ch. 7, § 7; July 1.