58-3086. Advertising; prohibitions; requirements of; information disclosed; filing of agreements. (a) No licensee shall use any promotion or advertisement in any type of media that:
(1) Is misleading or inaccurate as to any material fact or that in any way misrepresents any property, terms, values, policies or services of the business conducted;
(2) includes the trade name, trademark, collective membership mark, service mark or logo of any organization owning such name, mark or logo without being authorized to do so;
(3) includes an office where real estate activity is conducted that is not designated as a primary office or branch office with the commission; or
(4) promotes the licensee's business in a manner that could confuse or mislead the public by using terms or a trade name or a business name that could be construed as the trade name or business name of a supervising broker.
(b) Except as specified by subsection (c), all advertising conducted by a licensee shall:
(A) Be conducted under the direct supervision of the supervising broker or branch broker;
(B) include the name of the supervising broker's trade name or business name by prominently and conspicuously displaying or announcing the supervising broker's trade name or business name in a readable and identifiable manner; and
(C) include any other information that the supervising broker or branch broker considers necessary.
(c) The advertising of property for sale, lease or exchange shall not be required to include the supervising broker's trade name or business name if the property is not listed with a broker and if either of the following conditions is met:
(1) The property is personally owned by a licensee; or
(2) a licensee has an interest in the property.
(d) If authorized by the supervising broker or the branch broker, an employed or associated salesperson or associate broker may include in the advertisement:
(1) The contact information for the employed or associated salesperson or associate broker;
(2) a name or team name which cannot be construed as a supervising broker's trade name or business name;
(3) a slogan which does not include terms that are confusing to the public or which cannot be construed as a supervising broker's trade name or business name; and
(4) a domain name or website which does not include terms that are confusing to the public or which cannot be construed as a supervising broker's trade name or business name.
(e) Unless property personally owned by a licensee or in which a licensee has an interest is listed with a supervising broker or branch broker, all advertising caused by the licensee regarding the property shall be done in a manner that clearly informs the public that a real estate licensee is the owner of or has an interest in the property advertised.
(f) If a licensee does not have a buyer's agency agreement and is soliciting property for purchase for the benefit of the licensee or an entity in which the licensee has an interest, all advertising by the licensee that contains a solicitation to purchase property from potential sellers shall clearly inform the public that a real estate licensee is involved in the solicitation of potential sellers of property.
(g) Each supervising broker who enters into an agreement that authorizes the supervising broker to utilize the name or trade name of any person or entity in the conduct of the supervising broker's real estate business shall file a copy of the agreement with the commission.
(h) This section shall be part of and supplemental to the real estate brokers' and salespersons' license act.
History: L. 2008, ch. 155, § 6; L. 2009, ch. 7, § 10; 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.