Kansas Statutes 58-30,110. Real estate brokerage relationships
(a) (1) The commission shall adopt a rule and regulation prescribing language which describes a seller’s agent, a buyer’s agent and a transaction broker for inclusion in a brochure entitled “real estate brokerage relationships”.
(2) Except as provided in subsection (a)(3), a licensee shall furnish a prospective buyer or seller with the brochure at the first practical opportunity.
Terms Used In Kansas Statutes 58-30,110
- 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:
(1) Sells, exchanges, purchases or leases real estate. See Kansas Statutes 58-3035
- Brokerage firm: means the business entity of a broker, whether an association, corporation, limited liability company, limited liability partnership, partnership, proprietorship or professional corporation. See Kansas Statutes 58-30,102
- Client: means a seller, landlord, buyer or tenant who has an agency with a broker. See Kansas Statutes 58-30,102
- Commission: means the Kansas real estate commission. See Kansas Statutes 58-3035
- Contract: A legal written agreement that becomes binding when signed.
- Customer: means a seller, landlord, buyer or tenant in a real estate transaction in which a broker is involved but who has not entered into an agency with the broker. See Kansas Statutes 58-30,102
- Licensee: means any person licensed under this act as a broker or salesperson. See Kansas Statutes 58-3035
- Ministerial acts: means those acts that a licensee may perform for a person that are informative in nature and do not rise to the level of active representation on behalf of a person. See Kansas Statutes 58-30,102
- Property: includes personal and real property. See Kansas Statutes 77-201
- Real estate: means any interest or estate in land, including any leasehold or condominium, whether corporeal, incorporeal, freehold or nonfreehold and whether the real estate is situated in this state or elsewhere, but does not include oil and gas leases, royalties and other mineral interests, and rights of way and easements acquired for the purpose of constructing roadways, pipelines, conduits, wires and facilities related to these types of improvement projects for private and public utilities, municipalities, federal and state governments, or any political subdivision. See Kansas Statutes 58-3035
(3) A licensee is not required to provide a copy of the brochure to a prospective buyer or seller in the following instances:
(A) The licensee is acting solely as a principal and not as an agent for another;
(B) the communication from the licensee is a solicitation of business;
(C) the transaction is regarding the sale of commercial property or the sale of residential property of more than four units;
(D) the transaction is regarding the sale of property by public auction;
(E) the licensee is only performing ministerial acts; or
(F) the customer or client has already received the brochure from the licensee’s brokerage firm.
(4) Acknowledgment of receipt of the brochure by the seller and buyer shall be included in any contract for sale.
(b) (1) 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.
(2) 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.
(c) 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 reservation agreement.