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.
(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.
History: L. 1995, ch. 252, § 10; L. 1996, ch. 212, § 18; Revived, L. 1997, ch. 65, § 39; L. 1997, ch. 65, § 40; Oct. 1.
Structure 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.
58-3039 Licensure; application; criminal history record check; qualifications; examination.
58-3041 Restricted or conditioned license.
58-3042 License nontransferable; only individuals licensed; primary office; supervising broker.
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.
58-3048 Commission powers and duties.
58-3056 Costs of hearing; assessment; itemization.
58-3058 Appeal of commission orders.
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 Same; recovery from; limitations.
58-3068 Recovery revolving fund; 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.
58-3073 Same; unlawful acts; penalty.
58-3074 Disposition of moneys received by commission; real estate fee fund.
58-3077 Commercial real estate; sharing commissions with unlicensed persons, when authorized.
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.
58-3082 Suspended, deactivated or revoked license; effect on commissions.
58-3083 Expiration or deactivation of certain licenses; notifications required, when.
58-3085 Limitations on advertising, when.
58-3086 Advertising; prohibitions; requirements of; information disclosed; filing of agreements.
58-30,101 Title of act; compliance.
58-30,103 Written agency agreements; written transaction brokerage agreements.
58-30,104 Termination of relationships.
58-30,106 Minimum requirements of seller's or landlord's agent.
58-30,107 Minimum requirements of buyer's or tenant's agent.
58-30,110 Real estate brokerage relationships.
58-30,112 Forms; rules and regulations.
58-30,113 Transaction broker; obligations of; disclosure of information.