58-3040. Nonresident license. (a) A nonresident of this state may be granted a broker's license if:
(1) The nonresident is licensed as a broker in the nonresident's state of residence; and
(2) the nonresident meets all requirements imposed by this act on Kansas residents for licensure as a broker, except as provided by subsection (e).
(b) A nonresident broker may be granted a salesperson's license, if:
(1) The nonresident is licensed as a broker in the nonresident's state of residence;
(2) the nonresident meets all requirements imposed by this act on Kansas residents for licensure as a broker, except for the requirements of K.S.A. 58-3039(d) or (e), and amendments thereto, and the nonresident does not qualify for a waiver pursuant to subsection (e); and
(3) the nonresident submits the certification described in K.S.A. 58-3039(h), and amendments thereto.
(c) A nonresident salesperson employed by or associated with a broker licensed pursuant to this act may be granted a salesperson's license under the broker, if:
(1) The salesperson is licensed as a salesperson in the salesperson's state of residence; and
(2) the salesperson meets all requirements imposed by this act on Kansas residents for licensure as a salesperson, except as provided by subsection (f).
(d) The commission may enter into agreements with other jurisdictions as to the issuance of reciprocal licenses.
(e) The commission may waive the education provided by K.S.A. 58-3046a(b), and amendments thereto, the examination provided by K.S.A. 58-3039, and amendments thereto, and the experience provided by K.S.A. 58-3039(d) or (e), and amendments thereto, and issue an original broker's license to a nonresident or to a Kansas resident who holds a broker's license issued by another jurisdiction if, in the judgment of the commission, the applicant received equivalent education, passed an equivalent examination and obtained equivalent experience. The applicant shall meet all other requirements imposed by this act.
(f) The commission may waive the education provided by K.S.A. 58-3046a(a), and amendments thereto, and the examination provided by K.S.A. 58-3039, and amendments thereto, and issue an original salesperson's license to a nonresident or to a Kansas resident who holds a license issued by another jurisdiction if, in the judgment of the commission, the applicant received equivalent education and passed an equivalent examination. The applicant shall meet all other requirements imposed by this act.
(g) Prior to the issuance of a license to a nonresident, the applicant must agree in writing to abide by all provisions of this act with respect to the applicant's real estate activities within the state and submit to the jurisdiction of the commission and the state in all matters relating thereto. The agreement shall be filed with the commission and shall remain in force for so long as the nonresident is licensed by this state and thereafter with respect to acts or omissions committed while licensed as a nonresident.
(h) A nonresident licensed under this section shall be entitled to the same rights and subject to the same obligations as are provided in this act for Kansas residents, except that revocation or suspension of a nonresident's license in the nonresident's state of residence shall automatically cause the same revocation or suspension of the nonresident's license issued under this act. No hearing shall be granted to a nonresident licensee whose license is subject to the automatic revocation or suspension except for the purpose of establishing the fact of revocation or suspension of the nonresident's license by the nonresident's state of residence.
History: L. 1980, ch. 164, § 7; L. 1985, ch. 188, § 2; L. 1986, ch. 209, § 4; L. 1993, ch. 241, § 2; L. 2016, ch. 30, § 1; L. 2019, ch. 23, § 2; July 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.