§ 58-3034 Title of act
§ 58-3035 Definitions
§ 58-3036 Licensure required
§ 58-3037 Exemptions
§ 58-3038 Licensure required for recovery of compensation for services; exceptions
§ 58-3039 Licensure; application; criminal history record check; qualifications; examination
§ 58-3040 Nonresident license
§ 58-3041 Restricted or conditioned license
§ 58-3042 License nontransferable; only individuals licensed; primary office; supervising broker
§ 58-3043 Granting or renewal of license; considerations of the commission; conviction of crime; effect of
§ 58-3044 Denial of license; hearing; incomplete applications
§ 58-3045 Expiration of license; renewal, fee; reinstatement and renewal of expired license, late fee
§ 58-3046a Licensure; educational requirements
§ 58-3046b Same; act supplemental to license act
§ 58-3047 Issuance of license; deactivation and reinstatement; termination of salesperson or associate broker, effect on license; duties of supervising broker and branch broker; effect of deactivation
§ 58-3048 Commission powers and duties
§ 58-3050 Refusal to grant or renew; revocation, suspension or restriction of license; censure of licensee; disciplinary actions; civil fines; aggravating circumstances; procedures; recovery of actual costs and attorney fees
§ 58-3056 Costs of hearing; assessment; itemization
§ 58-3058 Appeal of commission orders
§ 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
§ 58-3061 Trust accounts
§ 58-3062 Prohibited acts
§ 58-3063 Fees
§ 58-3064 Injunction to enforce law
§ 58-3065 Penalties for violations; reporting of minor violations for prosecution not required
§ 58-3066 Recovery revolving fund; assessment of fees to maintain balance; payments; interest
§ 58-3067 Real estate recovery revolving fund; recovery from; limitations
§ 58-3068 Same; use of moneys, limitations
§ 58-3069 Same; court order directing payment from, when; hearing; recovery limitation; attorney fees
§ 58-3070 Same; duties of commission in recovery actions; fees and expenses of counsel
§ 58-3071 Same; conditions on court order of directing payment
§ 58-3072 Same; payment from in settlement of claim; revocation of license until reimbursement of amount paid
§ 58-3073 Same; unlawful acts; penalty
§ 58-3074 Disposition of moneys received by commission; real estate fee fund
§ 58-3075 Severability clause
§ 58-3076 Referral fees, solicitation of; relocation benefits, threats to reduce or withhold; terminating or amending agency agreements
§ 58-3077 Commercial real estate; sharing commissions with unlicensed persons, when authorized
§ 58-3078 Residential real estate sales contract; required language; information regarding registration of persons convicted of crimes
§ 58-3078a Same; information regarding radon
§ 58-3079 Supervising broker; use of trade name
§ 58-3080 Licenses of certain licensees placed on inactive status, when, pending transactions
§ 58-3081 Suspension or revocation of certain licenses; effect on associated or employed licensees, pending transactions
§ 58-3082 Suspended, deactivated or revoked license; effect on commissions
§ 58-3083 Expiration or deactivation of certain licenses; notifications required, when
§ 58-3084 Expiration, suspension, deactivation or revocation of certain licenses; effect on pending closings
§ 58-3085 Limitations on advertising, when
§ 58-3086 Advertising; prohibitions; requirements of; information disclosed; filing of agreements
§ 58-30,101 Title of act; compliance
§ 58-30,102 Definitions
§ 58-30,103 Written agency agreements; written transaction brokerage agreements
§ 58-30,104 Termination of relationships
§ 58-30,105 Compensation
§ 58-30,106 Minimum requirements of seller’s or landlord’s agent
§ 58-30,107 Minimum requirements of buyer’s or tenant’s agent
§ 58-30,109 Brokerage firm acting as a transaction broker; affiliated licensees; designated agents; rules and regulations
§ 58-30,110 Real estate brokerage relationships
§ 58-30,111 Imputed knowledge
§ 58-30,112 Forms; rules and regulations
§ 58-30,113 Transaction broker; obligations of; disclosure of information

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Terms Used In Kansas Statutes > Chapter 58 > Article 30 - Real Estate Brokers and Salespersons

  • Act: means the real estate brokers' and salespersons' license act. See Kansas Statutes 58-3035
  • 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. See Kansas Statutes 58-3035
  • 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. See Kansas Statutes 58-30,102
  • 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. See Kansas Statutes 58-30,102
  • Agency agreement: means a written agreement setting forth the terms and conditions of the relationship between a broker and the broker's client. See Kansas Statutes 58-30,102
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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). See Kansas Statutes 58-3035
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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. 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

  • 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
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confidential information: means information made confidential by statute, rule, regulation or instructions from the client or personal information about the client which might place the other party at an advantage over the client unless the information is made public or becomes public by the words or conduct of the client to whom the information pertains or from a source other than the licensee. See Kansas Statutes 58-30,102
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Designated agent: means a licensee affiliated with a broker who has been designated by the broker, or the broker's duly authorized representative, to act as the agent of a broker's buyer or seller client to the exclusion of all other affiliated licensees. See Kansas Statutes 58-30,102
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exchange: means a type of sale or purchase of real estate. See Kansas Statutes 58-3035
  • Exclusive agency agreement: means a written agency agreement that sets forth the terms and conditions of the relationship between a broker and the broker's clients and does the following:

    (1) Grants the broker the exclusive right to represent the seller in the sale of the seller's property; and

    (2) provides the broker will be compensated if the broker or any other person or entity produces a purchaser in accordance with the terms specified in the agreement or if the property is sold during the term of the listing agreement, unless the property is sold solely through the efforts of the seller or to specifically exempted persons or entities. See Kansas Statutes 58-30,102

  • Exclusive right to sell agreement: means a written agency agreement or written transaction brokerage agreement that sets forth the terms and conditions of the relationship between a broker and the broker's clients or customers and does the following:

    (1) Grants the broker the exclusive right to assist the seller in the sale of the seller's property; and

    (2) provides the broker will be compensated if the broker, seller or any other person or entity produces a purchaser in accordance with the terms specified in the agreement or if the property is sold during the term of the listing agreement to anyone other than specifically exempted persons or entities. See Kansas Statutes 58-30,102

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest: means : (1) Having any type of ownership in the real estate involved in the transaction; or (2) an officer, member, partner or shareholder of any entity that owns such real estate excluding an ownership interest of less than 5% in a publicly traded entity. See Kansas Statutes 58-3035
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: means rent or lease for nonresidential use. See Kansas Statutes 58-3035
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Licensee: means any person licensed under this act as a broker or salesperson. See Kansas Statutes 58-3035
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Minor: means any person defined by Kan. See Kansas Statutes 77-201
  • Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Oath: includes an affirmation in all cases where an affirmation may be substituted for an oath, and in similar cases "swear" includes affirm. See Kansas Statutes 77-201
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Primary office: means a supervising broker's principal place of business for each company created or established by the broker. See Kansas Statutes 58-3035
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Qualified third party: means a federal, state or local governmental agency or any person whom the broker, the affiliated licensee or a party to the real estate transaction reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been conducted by the third party in order to prepare a written report. See Kansas Statutes 58-30,102
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Salesperson: means an individual, other than an associate broker, who is employed by a broker or is associated with a broker as an independent contractor and participates in any activity described in subsection (f). See Kansas Statutes 58-3035
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Statute: A law passed by a legislature.
  • Statutory agent: means a seller's agent, a buyer's agent, a landlord's agent, a tenant's agent or a designated agent in a real estate transaction. See Kansas Statutes 58-30,102
  • 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
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transaction broker: means a broker who assists one or more parties with a real estate transaction without being an agent or advocate for the interests of any party to such transaction. See Kansas Statutes 58-30,102
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Written transaction brokerage agreement: means a written agreement setting forth the terms and conditions of the relationship between a broker acting as a transaction broker and the broker's customers. See Kansas Statutes 58-30,102