Kansas Statutes
Article 30 - Real Estate Brokers And Salespersons
58-3069 Same; court order directing payment from, when; hearing; recovery limitation; attorney fees.

58-3069. Same; court order directing payment from, when; hearing; recovery limitation; attorney fees. (a) Any person who meets all of the conditions prescribed by subsection (b) of K.S.A. 58-3068 and amendments thereto, except where the court finds compliance not reasonable or practicable pursuant to subsection (b), may apply to the court in which the judgment was rendered for an order directing the real estate commission to cause payment to be made to such person from the real estate recovery revolving fund. At the time the application is made, the court shall cause notice thereof to be given to the director of the commission, stating the time set by the court for a hearing thereon, which shall not be less than 10 nor more than 30 days after the application is filed.
(b) At the hearing, the claimant shall appear and present such proof and evidence as the court may require to establish the claimant's right to recovery from the real estate recovery revolving fund, and the director of the commission may appear, in person or by counsel, and present evidence or testimony with respect thereto. Upon the hearing, the court may enter an order directing the director of the commission to cause payment to be made to the claimant from the real estate recovery revolving fund if the court determines that:
(1) The claimant meets all of the conditions prescribed by subsection (b) of K.S.A. 58-3068 and amendments thereto; or
(2) compliance with subsection (b)(4), (5) or (6) of K.S.A. 58-3068 and amendments thereto is not reasonable or practicable and the claimant is otherwise qualified and has pursued all reasonable means to collect the amount of the judgment or the unsatisfied portion thereof.
(c) The recovery allowed a claimant hereunder shall be the lesser of:
(1) An amount equal to that part of the unsatisfied portion of the judgment which reflects actual or compensatory damages plus the amount of any reasonable attorney fees incurred by the claimant in effecting recovery hereunder; or
(2) $15,000.
History: L. 1980, ch. 164, § 36; L. 1981, ch. 304, § 5; L. 1986, ch. 210, § 4; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 58 - Personal And Real Property

Article 30 - Real Estate Brokers And Salespersons

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 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.

58-3072 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.