58-30a17. Who may demand the entering of satisfaction or release of lien. (a) The following persons may make demand upon a broker for the entering of satisfaction or release of the lien, as provided for in K.S.A. 58-30a12 and 58-30a16, and amendments thereto:
(1) An owner or the owner's heirs or assigns or anyone acting for such owner, heirs or assigns;
(2) an owner of real estate upon which a lien has been recorded by someone having no legitimate claim in the real estate; or
(3) a lender or designated closing agent acting as a closing agent in the sale, financing or refinancing of the real estate subject to such lien.
(b) Any broker or assignee of a broker who refuses or neglects to enter satisfaction or release of such lien within 20 days after demand has been made as provided in subsection (a) shall be liable to the person for whom the demand was made in the sum of $500 as a civil penalty, together with a reasonable attorney's fee for preparing and prosecuting the action. The plaintiff in such action may recover any additional damages that the evidence in the case warrants. Civil actions may be brought under this section before any court of competent jurisdiction, and attachments may be had as in other cases.
History: L. 2005, ch. 179, ยง 17; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 30a - Commercial Real Estate Broker Lien Act
58-30a03 Amount of lien; conditions.
58-30a06 Compensation paid in installments; when lien is effective and attaches.
58-30a09 Leases; sublease or assignment of lease; notice; attachment.
58-30a10 When additional compensation is owed.
58-30a11 Additional compensation due; action to foreclose lien, time, when.
58-30a12 Broker precluded from receiving compensation; release or satisfaction of lien.
58-30a13 Notice of lien for owner; failure to provide.
58-30a14 Enforcement of lien; foreclosure petition; priority of liens.
58-30a15 Failure to file suit to foreclose lien.
58-30a16 Recording of satisfaction or release of lien, when required.
58-30a17 Who may demand the entering of satisfaction or release of lien.