Kansas Statutes 58-3079. Supervising broker; use of trade name
Terms Used In Kansas Statutes 58-3079
- Act: means the real estate brokers' and salespersons' license act. See Kansas Statutes 58-3035
- Branch office: means a place of business other than the principal place of business of a broker. See Kansas Statutes 58-3035
- 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
- Commission: means the Kansas real estate commission. See Kansas Statutes 58-3035
- Office: means any permanent location where one or more licensees regularly conduct real estate business as described in subsection (f) or a location that is held out as an office. See Kansas Statutes 58-3035
- 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
- Supervising broker: means an individual, other than a branch broker, who has a broker's license and who has been designated as the broker who is responsible for the supervision of the primary office of a broker and the activities of salespersons and associate brokers who are assigned to such office and all of whom are licensed pursuant to subsection (b) of Kan. See Kansas Statutes 58-3035
(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.