Kan. Admin. Regs. Agency 86 — Kansas Real Estate Commission

Article 1 Examination and Registration

Kan. Admin. Regs. § 86-1-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; amended Jan. 1, 1974; amended May 1, 1975; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-1-2 Examinations

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 2006 Supp. 58-3039, as amended by L. 2007, ch. 88, sec. 1; effective Jan. 1, 1966; amended Jan. 1, 1974; amended, E-74-50, Sept. 13, 1974; amended May 1, 1975; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; revoked Nov. 14, 2016.)

Kan. Admin. Regs. § 86-1-3 Expiration of licenses

The expiration date for each original license issued by the commission shall be the first day of the month of issuance two years after the issuance date. Each license renewed by the commission shall expire two years after the expiration date of the preceding license.

This regulation shall be effective on and after January 1, 2019.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2017 Supp. 74-4202; implementing K.S.A. 2017 Supp. 58-3045; effective Jan. 1, 1966; amended, E-73-30, Sept. 28, 1973; amended Jan. 1, 1974; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended, T-86-10-1-97, Oct. 1, 1997; amended Oct. 24, 1997; amended Jan. 1, 2019.)

Kan. Admin. Regs. § 86-1-4 Renewal of license

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 1990 Supp. 58-3045; effective Jan. 1, 1986; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended Nov. 18, 1991; revoked Nov. 14, 2016.)

Kan. Admin. Regs. § 86-1-5 Fees

(a) Each applicant shall pay a fee in an amount equal to the actual cost of the examination and the administration of the examination to the testing service designated by the commission.

(b) Each applicant shall submit the following fees for licensure to the commission:

(1) For submission of an application for an original salesperson's license, a fee of $15;

(2) for submission of an application for an original broker's license, a fee of $50;

(3) for an original salesperson's license, a prorated fee based on a two-year amount of $125;

(4) for an original broker's license, a prorated fee based on a two-year amount of $175;

(5) for renewal of a salesperson's license, a two-year fee of $125;

(6) for renewal of a broker's license, a two-year fee of $175;

(7) for each branch office, a fee of $100; and

(8) for each primary office of a company created or established by a supervising broker, a fee of $100.

(c)(1) Each applicant shall pay a fee of $70 to the commission for the cost of submitting the applicant's fingerprints to the Kansas bureau of investigation (KBI) for the purpose of obtaining a criminal history check conducted by the KBI and the federal bureau of investigation and for the commission's reasonable costs of administering the criminal history check program.

(2) Each licensee who is submitting fingerprints in connection with an investigation of that licensee shall pay a fee of $70 for the cost of submitting the licensee's fingerprints to the KBI for the purpose of obtaining a criminal history check conducted by the KBI and the federal bureau of investigation and for the commission's reasonable costs of administering the criminal history check program in connection with any investigation.

(d) Each military spouse of an active military service member who resides or plans to reside in this state due to the assigned military station of the individual or the individual's spouse shall pay a fee of $0 to the commission for any licensure fees or fingerprinting fees related to licensure.

(e) Each course provider seeking course approval pursuant to K.S.A. 58-3046a, and amendments thereto, shall pay a fee of $75 to the commission.

(f) Each licensee seeking approval of a course of instruction pursuant to K.S.A. 58-3046a(j), and amendments thereto, shall pay a fee of $20 to the commission.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2023 Supp. 58-3063; implementing K.S.A. 2023 Supp. 58-3039, as amended by L. 2024, ch. 15, sec. 39, K.S.A. 2023 Supp. 58-3063 and K.S.A. 2023 Supp. 48-3406, as amended by L. 2024, ch. 9, sec. 1; effective Jan. 1, 1966; amended, E-73-30, Sept. 28, 1973; amended Jan. 1, 1974; amended, E-74-50, Sept. 13, 1974; amended May 1, 1975; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended, T-86-10, May 1, 1985; amended May 1, 1986; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended Sept. 26, 1988; amended July 31, 1991; amended Dec. 20, 1993; amended July 31, 1996; amended, T-86-10-1-97, Oct. 1, 1997; amended Oct. 24, 1997; amended March 13, 1998; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; amended Dec. 1, 2015; amended March 17, 2017; amended Dec. 21, 2018; amended Sept. 16, 2022; amended Dec. 27, 2024.)

Kan. Admin. Regs. § 86-1-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1974; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-1-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1974; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-1-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1974; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-1-9 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3046; effective, E-81-18, July 16, 1980; effective May 1, 1981; amended May 1, 1982; revoked, T-83-32, Oct. 25, 1982; revoked May 1, 1983.)

Kan. Admin. Regs. § 86-1-10 Approved courses of instructions; procedure

(a) Definitions. Each of the following terms, as defined in this subsection, shall apply to K.A.R. 86-1-10 through K.A.R. 86-1-12 and K.A.R. 86-1-17:

(1) "Commission" means Kansas real estate commission.

(2) "Coordinator" means an individual who serves as the primary contact for a school and is responsible for complying with the requirements in this regulation.

(3) "Course" means instruction designed to fulfill the education requirements of K.S.A. 58-3046a, and amendments thereto.

(4) "Asynchronous distance education course" means a course for which the school provides self-paced instruction by mail or electronic transmission to students who are physically separated from the instructor for all or a portion of the course.

(5) "In-person education course" means a course provided to students who are not physically separated from the instructor.

(6) "Monitoring" means review of approved courses by commission staff to ensure that the attendance, presentation platform, instruction time, outline, and materials provided by schools meet the requirements of the commission.

(7) "School" means an entity eligible under K.S.A. 58-3046a(g), and amendments thereto, to offer courses approved by the commission.

(8) "Synchronous distance education course" means a course for which the school provides live instruction in real time by electronic transmission to students who are physically separated from the instructor for all of the course.

(b) Request for course approval. Each school seeking commission approval of a course shall submit the following information to the commission at least 45 days before the first scheduled class session:

(1) A completed course approval application obtained from the commission;

(2) a copy of all course materials, including textbooks, student workbooks, and examinations with answers;

(3) the total number of sessions, sections, or modules;

(4) the duration of each session, section, or module;

(5) the total number of requested hours for the course;

(6) the course objectives and a detailed course outline; and

(7) the course approval fee prescribed by K.A.R. 86-1-5.

(c) Additional course approval requirements for asynchronous distance education courses.

(1) In addition to meeting the requirements of subsection (b), each school requesting approval of an asynchronous distance education course shall submit the following information:

(A) The means to access the asynchronous distance education course as it will be offered to students;

(B) evidence of sufficient information technology support to enable students to complete the asynchronous distance education course;

(C) documentation on how the asynchronous distance education course will require active participation by each student and substantial interaction between the students and the instructor, other students, or a computer program; and

(D) evidence that the system used for testing students will scramble questions and items for any quizzes or examinations to ensure a random presentation.

(2) Each asynchronous distance education course certified by the association of real estate license law officials shall be presumed to meet the requirements in paragraph (c)(1).

(3) Each school offering an asynchronous distance education course approved by the commission under K.S.A. 58-3046a(e) or K.S.A. 58-3046a(f), and amendments thereto, shall require each student to answer at least 10 quiz or examination questions per credit hour.

(4) Each school offering an asynchronous distance education course approved by the commission under K.S.A. 58-3046a(a), K.S.A. 58-3046a(b), K.S.A. 58-3046a(c) or K.S.A. 58-3046a(d), and amendments thereto, shall require each student to answer at least 50 quiz or examination questions.

(5) Each school shall issue a certificate of completion of each asynchronous distance education course approved by the commission to meet any requirement of K.S.A. 58-3046a, and amendments thereto, to each student who has answered at least 90 percent of the quiz or examination questions correctly during the distance education course.

(d) Additional course approval requirements for synchronous distance education courses.

(1) In addition to meeting the requirements of subsection (b), each school requesting approval of a synchronous distance education course shall submit the following information:

(A) The means to access the synchronous distance education course as it will be offered to students;

(B) evidence of sufficient information technology support to enable students to complete the synchronous distance education course;

(C) documentation on how the synchronous distance education course will require active participation by each student and substantial interaction between the students and the instructor, other students, or a computer program;

(D) documentation on how the school will require students to have a functional video camera and be present on camera at all times;

(E) documentation on how the school will require students to be actively engaged in the course at all times without distractions; and

(F) evidence of no more than 30 students in a course unless an additional moderator is assisting with the monitoring of students.

(2) Each synchronous distance education course certified by the association of real estate license law officials shall be presumed to meet the requirements in paragraph (d)(1).

(e) Instructors. Each school coordinator shall be responsible for ensuring that the school's instructors have the specialized preparation, training, and experience in the subject matter to be taught to ensure competent instruction.

(f) Changes to an approved course.

(1) Except as provided in paragraph (f)(2), each school shall submit a new application for course approval under subsection (b) if there is any significant change to the course content, outline, objectives, or presentation platform for an approved course.

(2) A school shall not be required to submit a new application for course approval under subsection (b) if any of the following changes:

(A) The coordinator;

(B) the location of the school;

(C) the course title; or

(D) the course schedule.

(3) Each school shall submit notification to the commission of each change described in paragraph (f)(2) at least five days before the change is scheduled to occur.

(4) Each school shall submit notification to the commission at least 15 days before the discontinuation of any course or the intent to close the school.

(g) Registration of approved courses; application for renewal.

(1) The registration of courses approved by the commission shall expire on January 31 of each year. Each application to renew the approval of a course shall be submitted on a form provided by the commission.

(2) Each application to renew approval of a course received after the expiration date shall require the submission of a new application for approval pursuant to subsection (b).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2023 Supp. 58-3046a and K.S.A. 2023 Supp. 74-4202; implementing K.S.A. 2023 Supp. 58-3046a; effective, T-83-32, Oct. 25, 1982; effective May 1, 1983; amended May 1, 1984; amended, T-86-31, Sept. 24, 1985; amended May 1, 1986; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended Jan. 29, 1990; amended July 16, 1990; amended Nov. 17, 1995; amended Dec. 14, 2001; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; amended July 1, 2020; amended Dec. 27, 2024.)

Kan. Admin. Regs. § 86-1-11 Minimum curricula and standards for course

(a) Each school offering a course approved by the commission under K.S.A. 58-3046a(a), and amendments thereto, shall use a course outline provided by the commission and shall use the title "principles of real estate."

(b) Each school offering a course approved by the commission under K.S.A. 58-3046a(b), and amendments thereto, shall use a course outline provided by the commission and shall use the title "Kansas real estate fundamentals course."

(c) Each school offering a course approved by the commission under K.S.A. 58-3046a(c), and amendments thereto, shall use a course outline provided by the commission and shall use the title "Kansas practice course."

(d) Each school offering a course approved by the commission under K.S.A. 58-3046a(d), and amendments thereto, shall use a course outline provided by the commission and shall use the title "Kansas real estate management course."

(e) Each school offering a course approved by the commission under K.S.A. 58-3046a(e), and amendments thereto, shall use a course outline provided by the commission and shall use the title "Kansas law course."

(f) The 12 hours of additional instruction required by K.S.A. 58-3046a(f), and amendments thereto, shall consist of at least three hours designated as mandatory hours titled "Kansas required core" and not more than nine hours designated as elective hours.

(1) A nonresident of Kansas may receive elective-hour credit by submitting to the commission proof of completion of courses approved by the real estate regulatory agency of the nonresident's state of residence completed during that individual's Kansas license renewal period.

(2) Each approved course shall have a total instruction time of at least three hours.

(3) Any licensee may receive a maximum of three elective hours of credit during any renewal period for real estate appraisal courses approved by the commission.

(4) Any licensee may receive a maximum of three elective hours of credit during any renewal period for attending a commission meeting approved by the commission. The licensee shall sign in at the beginning of the commission meeting and shall be physically present at the commission meeting for at least three consecutive hours of the commission meeting, to receive the three-hour credit.

(5) Any licensee who is an instructor of a course approved by the commission to meet a requirement of K.S.A. 58-3046a, and amendments thereto, may receive credit for the number of hours taught by the instructor. The credit may be received by an instructor only once for each course taught during a renewal period.

The provisions of this subsection shall be effective on and after July 1, 2020.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2019 Supp. 58-3046a and K.S.A. 2019 Supp. 74-4202; implementing K.S.A. 2019 Supp. 58-3046a; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended May 1, 1988; amended Sept. 26, 1988; amended Nov. 18, 1991; amended Dec. 20, 1993; amended Dec. 29, 1995; amended Jan. 1, 1997; amended, T-86-10-1-97, Oct. 1, 1997; amended Oct. 24, 1997; amended Sept. 17, 1999; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; amended, T-86-6-26-19, July 1, 2019; amended Jan. 31, 2020.)

Kan. Admin. Regs. § 86-1-12 Monitoring courses; withdrawal of approval

(a) Each approved course shall be subject to monitoring by the commission, with or without prior notice.

(b) Course approval may be withdrawn by the commission for falsification of attendance records or failure to comply with any provision of K.A.R. 86-1-10, K.A.R. 86-1-11, or K.A.R. 86-1-17.

(c) Withdrawal of course approval during class sessions in process shall not affect credit given to students who are attending the course. Approval of a course may be reinstated by the commission upon satisfactory evidence that deficiencies have been corrected.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2019 Supp. 58-3046a and K.S.A. 2019 Supp. 74-4202; implementing K.S.A. 2019 Supp. 58-3046a; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; amended Nov. 17, 1995; amended Jan. 31, 2020.)

Kan. Admin. Regs. § 86-1-13 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2006 Supp. 58-3046a, as amended by L. 2007, ch. 88, sec. 6, and K.S.A. 74-4202(b); implementing K.S.A. 2006 Supp. 58-3046a, as amended by L. 2007, ch. 88, sec. 6; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; amended May 1, 1988; amended Jan. 29, 1990; amended Sept. 21, 1992; amended Nov. 17, 1995; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; revoked Jan. 31, 2020.)

Kan. Admin. Regs. § 86-1-14 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3046a, as amended by 1985 SB-107; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; revoked, T-87-32, Nov. 19, 1986; revoked May 1, 1987.)

Kan. Admin. Regs. § 86-1-15 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3045, as amended by L. 2007, ch. 88, sec. 7 and K.S.A. 2006 Supp. 58-3046a, as amended by L. 2007, ch. 88, sec. 6; effective, T-87-32, Nov. 19, 1986; effective May 1, 1987; amended Nov. 17, 1995; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; revoked Dec. 21, 2018.)

Kan. Admin. Regs. § 86-1-16 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 1987 Supp. 58-3046a; effective Sept. 26, 1988; revoked Jan. 31, 2020.)

Kan. Admin. Regs. § 86-1-17 Responsibilities of schools

(a) Course registration. Each school shall request that any applicant or licensee registering for a course verify the applicant's or licensee's registration or license number and use the applicant's or licensee's name exactly as it appears on file with the commission to ensure that the applicant or licensee will receive credit for the course.

(b) Issuance of certificates to students.

(1) Within five calendar days of completion of the course, each school shall issue a certificate of completion in person, electronically, or by mail to each student who successfully completes a course approved by the commission. Each school shall use certificate forms approved by the commission.

(2) The school shall not issue a certificate to any student who was absent for more than 10 percent of the classroom hours scheduled for courses registered, pursuant to K.A.R. 86-1-11, under the title "principles of real estate," "Kansas real estate fundamentals course," "Kansas real estate management course," "Kansas law course," or "Kansas practice course." The school shall not issue a certificate to any student who was absent during any portion of the scheduled classroom hours for any other course approved by the commission pursuant to K.A.R. 86-1-11.

(c) Submission of course completion records to the commission.

(1) Each school shall submit a list of the individuals who completed each course offered by the school, in a format approved by the commission and within five calendar days after the course completion date. If the completion date is less than five calendar days before any expiration date established by K.S.A. 58-3045 and amendments thereto and K.A.R. 86-1-3, the school shall submit the information no later than the expiration date.

(2) Any roster containing incorrect or incomplete information may be returned to the school. No credit hours may be entered into the commission records until the roster is corrected and returned to the commission.

(d) Advertising.

(1) A school shall not advertise a course as meeting the educational requirements of the Kansas real estate brokers' and salespersons' license act before the school receives commission approval.

(2) A school shall not advertise a course using a school name different from what was submitted to the commission on the course approval form.

(3) Neither a school nor a representative of a school shall guarantee that successful completion of a course will result in the student's passing a real estate licensing examination.

(4) The school shall include a statement that the course is approved for a specified number of mandatory hours toward the 12-hour requirement or for a specified number of elective hours toward the 12-hour requirement in any advertising of a course approved pursuant to K.A.R. 86-1-11 and in any course registration form.

(5) A school shall not publish or distribute information that is false, misleading, or inconsistent with Kansas real estate license law.

(e) Maintenance of records.

(1) Each school shall maintain for at least three years a record of each student who has successfully completed a course approved by the commission.

(2) The school shall keep attendance records current and available for inspection by commission representatives upon request.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2019 Supp. 58-3046a and K.S.A. 2019 Supp. 74-4202; implementing K.S.A. 2019 Supp. 58-3046a; effective Nov. 17, 1995; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; amended Jan. 31, 2020.)

Kan. Admin. Regs. § 86-1-18 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 2006 Supp. 58-3039, as amended by L. 2007, ch. 88, sec. 1; effective Nov. 17, 1995; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; revoked Jan. 31, 2020.)

Kan. Admin. Regs. § 86-1-19 Submission of supporting documentation with application

In addition to submitting the application for original licensure as a real estate broker or salesperson, each applicant shall file the following with the commission:

(a) The applicant's fingerprints and a completed waiver, on a form approved by the commission, and the fee required by K.A.R. 86-1-5(c)(1)(A);

(b) documentation concerning any final court judgment, memorandum, or other dispositive order or any settlement agreement resulting from litigation filed against the applicant or any real estate company owned in whole or in part by the applicant relating to the business of buying, selling, exchanging, or leasing real estate or to any activity listed in the definition of "broker" in K.S.A. 58-3035 and amendments thereto;

(c) a statement that completely and truthfully discloses any pending charges, plea of guilty or nolo contendere, diversion or suspended imposition of sentence, or conviction of a misdemeanor or felony. If requested by the commission, the applicant shall also submit documentation concerning any matters disclosed pursuant to this subsection;

(d) documentation concerning any denial, revocation, suspension, voluntary surrender, or any other disciplinary action taken by the state of Kansas or another jurisdiction against any professional or occupational license or certificate held by the applicant;

(e) a license history certification from any jurisdiction in which the applicant is currently licensed or has ever been licensed; and

(f) a nonresident service of process appointment form for any applicant who is not a resident of Kansas, which shall be submitted on a form approved by the commission.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2017 Supp. 74-4202; implementing K.S.A. 2017 Supp. 58-3039, K.S.A. 2017 Supp. 58-3040, K.S.A. 2017 Supp. 58-3043, and K.S.A. 2017 Supp. 58-3050; effective Nov. 8, 2002; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; amended Dec. 21, 2018.)

Kan. Admin. Regs. § 86-1-20 Age of documentation submitted to the commission

(a) A certification of licensure history obtained from any jurisdiction in which the applicant has, or has ever had, a real estate license shall not be used for licensing purposes if the certification is issued more than six months before the date on which the completed application for licensure is filed with the commission.

(b) A report concerning an applicant that is the subject of a criminal history check prepared by the Kansas bureau of investigation and the federal bureau of investigation shall not be used for licensing purposes if the report is issued more than six months before the date on which the completed application for licensure is filed with the commission.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 2006 Supp. 58-3039, as amended by L. 2007, ch. 88, sec. 1, and K.S.A. 2006 Supp. 58-3043, as amended by L. 2007, ch. 88, sec. 2; effective, T-86-7-2-07, July 2, 2007; effective Nov. 16, 2007.)

Article 2 Authority of Commission; Procedure

Kan. Admin. Regs. § 86-2-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3062(c)(3); effective Jan. 1, 1974; amended, E-81-18, July 16, 1980; amended May 1, 1981; revoked May 1, 1982.)

Kan. Admin. Regs. § 86-2-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-2-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 1980 Supp. 58-3039(e), 58-3043; effective Jan. 1, 1966; amended, E-81-18, July 16, 1980; amended May 1, 1981; revoked Nov. 16, 2007.)

Kan. Admin. Regs. § 86-2-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing L. 1984, Ch. 313, Sec. 13; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 86-2-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 1985 Supp. 77-513, as amended by L. 1986, Ch. 362, Sec. 3; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; revoked Nov. 16, 2007.)

Kan. Admin. Regs. § 86-2-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing L. 1984, Ch. 313, Sec. 36; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 86-2-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing L. 1984, Ch. 313, Sec. 5; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; revoked Nov. 16, 2007.)

Kan. Admin. Regs. § 86-2-8 Examination of records

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1996 Supp. 74-4202(b), as amended by 1997 H.B. 2264, Sec. 46; implementing K.S.A. 58-3061 and K.S.A. 1996 Supp. 74-4202(b), as amended by 1997 H.B. 2264, Sec. 46; effective Sept. 12, 1994; amended, T-86-10-1-97, Oct. 1, 1997; amended Oct. 24, 1997; revoked Nov. 14, 2016.)

Article 3 Persons Holding Licenses; Duties

Kan. Admin. Regs. § 86-3-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-3-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-3-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 1980 Supp. 58-3042; effective Jan. 1, 1966; amended Jan. 1, 1974; amended, E-81-18, July 16, 1980; amended May 1, 1981; revoked Nov. 16, 2007.)

Kan. Admin. Regs. § 86-3-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-3-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-3-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-3-6a Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3060, as amended by L. 1986, Ch. 209, Sec. 12; effective, E-81-18, July 16, 1980; effective May 1, 1981; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended May 1, 1988; revoked Jan. 31, 2020.)

Kan. Admin. Regs. § 86-3-7 Advertising

(a) For the purposes of this regulation and K.S.A. 58-3034 et seq. and amendments thereto, "advertisement" and "advertising" shall mean communication in any form of media between a licensee or other entity acting on behalf of one or more licensees and consumers or the public, for any purpose related to licensed real estate activity. These terms shall include business cards, signs, insignias, letterheads, telephone or electronic mail, radio, television, newspaper and magazine advertisements, internet advertising, web sites, social media or social networking, display or group advertisements in telephone directories, and billboards.

(b) No employed or associated salesperson or associate broker may include in an advertisement a name or team name that meets any of the following conditions:

(1) Uses the term "realty," "brokerage," "company," or any other term that can be construed as a real estate company separate from the supervising broker's company;

(2) is more than two times larger in font size than the font size of the supervising broker's trade name or business name; or

(3) is not adjacent to the supervising broker's trade name or business name in any internet, web site, social media, or social networking advertisement.

(c) The context of an advertisement may be considered by the commission when determining whether the employed or associated salesperson or associate broker committed a violation under subsection (b).

This regulation shall be effective on and after July 1, 2020.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2019 Supp. 74-4202; implementing K.S.A. 2019 Supp. 58-3086; effective Jan. 1, 1966; amended Jan. 1, 1974; amended, E-76-18, April 29, 1975; modified, L. 1976, ch. 332, May 1, 1976; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended Dec. 20, 1993; amended July 1, 2020.)

Kan. Admin. Regs. § 86-3-8 Brokerage agreements

A supervising broker or branch broker, or any salesperson or associate broker employed by or associated with the supervising broker or branch broker, shall not enter into any written brokerage agreement containing a provision that automatically extends the term of the agreement beyond the expiration date.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-30,103; effective Jan. 1, 1966; amended Jan. 1, 1972; amended May 1, 1975; amended, E-79-6, Feb. 16, 1978; amended May 1, 1979; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended Nov. 16, 2007.)

Kan. Admin. Regs. § 86-3-9 Legal counsel

Each broker shall recommend to each client or customer that an attorney be retained by the client or customer to answer any legal questions involved in any real estate transaction.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-30,106, 58-30,107, and 58-30,113; effective Jan. 1, 1966; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended Nov. 16, 2007.)

Kan. Admin. Regs. § 86-3-10 Retention of records

Each broker shall retain, for at least three years, in the broker's paper or digital files a copy of all records relating to the broker's real estate business, including the following:

(a) Real estate sales contracts, option agreements, and nonresidential lease agreements for which the broker acts as an employee of, or on behalf of, the owner, purchaser, lessor or lessee;

(b) closing statements;

(c) each receipt from an escrow agent required by K.S.A. 58-3062(d), and amendments thereto;

(d) correspondence; and

(e) the records required by K.A.R. 86-3-18.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2019 Supp. 74-4202; implementing K.S.A. 2019 Supp. 58-3061; effective Jan. 1, 1966; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended Nov. 18, 1991; amended April 23, 2021.)

Kan. Admin. Regs. § 86-3-11 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-3-12 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; revoked May 1, 1975.)

Kan. Admin. Regs. § 86-3-13 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1966; amended May 1, 1975; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-3-14 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202; effective Jan. 1, 1974; revoked, E-81-18, July 16, 1980; revoked May 1, 1981.)

Kan. Admin. Regs. § 86-3-15 Reporting of information

(a) Each licensee shall report any of the following circumstances to the commission, in writing and within 10 days of the date of occurrence:

(1) Any settlement from litigation filed against the licensee or any real estate company owned in whole or in part by the licensee relating to the business of buying, selling, exchanging, or leasing real estate or to any activity listed in the definition of "broker" in K.S.A. 58-3035 and amendments thereto. The licensee shall provide a copy of the settlement agreement;

(2) any final court judgment, memorandum, or other dispositive order against the licensee or any real estate company owned in whole or in part by the licensee;

(3) any charge of, arrest or indictment for, plea of guilty or nolo contendere to, or conviction of any of the following:

(A) Any misdemeanor; or

(B) any felony;

(4) any change in the licensee's name;

(5) any change in the licensee's residence address;

(6) any change in the licensee's electronic-mail address on file with the commission;

(7) any denial by another jurisdiction of an application made by the licensee for a broker or salesperson license;

(8) any suspension or revocation of, or any other disciplinary action taken by another jurisdiction against a broker or salesperson license held by the licensee; or

(9) any denial, suspension, revocation, voluntary surrender, or any other disciplinary action taken by the state of Kansas or another jurisdiction against any professional or occupational license or certificate held by the licensee.

(b) Each supervising broker for a partnership, association, or corporation whose members or officers are licensed pursuant to K.S.A. 58-3042, and amendments thereto, shall be responsible for reporting the information required by this regulation as it relates to the partnership, association, or corporation.

(c) Each supervising broker and branch broker shall report to the commission any information pursuant to paragraph (a)(3) that is applicable to any associated or employed salesperson or associate broker. This report shall be submitted in writing within 10 days of the date that knowledge of the information comes to the attention of the broker.

(d) Each licensee shall report to the licensee's supervising broker or branch broker any information pursuant to paragraph (a)(3) within 10 days of the date of occurrence.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2017 Supp. 74-4202; implementing K.S.A. 2017 Supp. 58-3042, 58-3043, 58-3050, 58-3062, and 74-4202; effective Jan. 1, 1974; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended May 1, 1984; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended Nov. 8, 2002; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; amended Dec. 21, 2018.)

Kan. Admin. Regs. § 86-3-16 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3061; effective May 1, 1975; amended, E-81-18, July 16, 1980; amended May 1, 1981; revoked, T-87-32, Nov. 19, 1986; revoked May 1, 1987.)

Kan. Admin. Regs. § 86-3-17 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3061; effective May 1, 1975; amended, E-81-18, July 16, 1980; amended May 1, 1981; revoked, T-87-32, Nov. 19, 1986; revoked May 1, 1987.)

Kan. Admin. Regs. § 86-3-18 Trust account records

(a) Each supervising broker, and each branch broker who maintains a separate trust account for a branch office pursuant to K.S.A. 58-3061 and amendments thereto, shall maintain in the broker's office a complete record of all monies received or escrowed on real estate transactions, including the following:

(1) Deposit slips showing the unique transaction number assigned pursuant to K.A.R. 86-3-22, the date of deposit, the amount, and where deposited;

(2) monthly trust account bank, savings and loan association, or credit union statements, including canceled checks and deposit slips;

(3) all voided trust account checks;

(4) a check register that shows the chronological sequence in which funds are received and disbursed. For funds received, the check register shall include the date of deposit, the unique transaction number assigned pursuant to K.A.R. 86-3-22, and the amount. For disbursement, the check register shall include the date, the unique transaction number assigned pursuant to K.A.R. 86-3-22, the payee, and the amount. A balance shall be shown, and the balances shall be kept current;

(5) a ledger for each transaction. The ledger shall include the names of the principals, the property address, and the unique transaction number assigned pursuant to K.A.R. 86-3-22; the amount and date of deposit of all monies received; and the check number, the date, the payee, and the amount of each disbursement. The broker shall note any deposit recorded in the trust account before contract acceptance. If the offer is accepted, the broker shall note the contract acceptance date on the ledger. If the offer is rejected or withdrawn before contract acceptance, the broker shall record the disbursement, note the rejected or withdrawn offer, and return the earnest money to the prospective buyer. A balance shall be shown for each ledger account, and balances shall be kept current; and

(6) a ledger for broker's funds, if those funds are deposited in the trust account pursuant to K.S.A. 58-3061, and amendments thereto. A balance shall be shown for each ledger account, and balances shall be kept current.

(b) The trust account shall be reconciled monthly against bank, savings and loan association, or credit union records, unless there has been no activity during the month.

(c) Trust account liability, as established by ledger sheet balances, shall be compared to the reconciled trust account balance monthly, unless there has been no activity during the month.

(d) Each supervising broker or branch broker who closes a trust account shall notify the commission by filing a "report on closing trust account" with the commission on a form approved by the commission, accompanied by a copy of the bank, savings and loan association, or credit union statement showing that the trust account has been closed, within 10 days of the occurrence of any of the following:

(1) Closure of the trust account;

(2) closure of the primary office or branch office, unless an exemption not to maintain a trust account has been granted by the commission for each trust account that was in existence when the primary office or branch office closed; or

(3) a change in the account number for the trust account or a change in the bank, savings and loan association, or credit union in which the trust funds are held.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2019 Supp. 74-4202; implementing K.S.A. 2019 Supp. 58-3061; effective May 1, 1975; amended, E-81-18, July 26, 1980; amended May 1, 1981; amended, T-88-32, Jan. 1, 1988; amended May 1, 1988; amended April 23, 2021.)

Kan. Admin. Regs. § 86-3-19 Disclosure of interest in property purchased, sold, or leased

(a) Each licensee shall disclose in the real estate contract or lease any interest that the licensee or the licensee's immediate family member has or will have in the following, as applicable:

(1) The real estate being sold or leased by the seller or lessor; and

(2) the real estate being purchased or leased by the buyer or lessee.

(b) For purposes of this regulation, "interest" shall have the meaning specified in K.S.A. 58-3035, and amendments thereto and "immediate family member" shall mean spouse, parent, child, or sibling.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2015 Supp. 74-4202; implementing K.S.A. 2015 Supp. 58-3035 and 58-3062; effective May 1, 1982; amended, T-86-6-25-08, July 1, 2008; amended Oct. 24, 2008; amended Nov. 14, 2016.)

Kan. Admin. Regs. § 86-3-20 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3049, as amended by 1985 SB 107; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; revoked Jan. 31, 2020.)

Kan. Admin. Regs. § 86-3-21 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 2006 Supp. 58-3061; effective, T-87-32, Nov. 19, 1986; effective May 1, 1987; amended Nov. 18, 1991; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; revoked April 23, 2021.)

Kan. Admin. Regs. § 86-3-22 Transaction identification

(a) Each supervising broker or branch broker shall assign a unique transaction number to each real estate sales contract, option agreement, and nonresidential lease agreement for which the broker acts as an employee of, or on behalf of, the owner, purchaser, lessor, or lessee.

(b) If a broker deposits earnest money in the broker's trust account before contract acceptance, the broker shall assign a unique transaction number to the offer.

(c) Each record required to be maintained pursuant to K.A.R. 86-3-10 and 86-3-18 shall include the unique transaction number.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2019 Supp. 74-4202; implementing K.S.A. 2019 Supp. 58-3061; effective, T-88-32, Jan. 1, 1988; effective May 1, 1988; amended Dec. 20, 1993; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; amended April 23, 2021.)

Kan. Admin. Regs. § 86-3-23 Submission of offers to purchase

(a) A listing agreement may provide that the broker is not obligated to continue to market the property after an offer has been accepted by the seller. The seller's acceptance of an offer shall not terminate the obligation of the broker to submit all offers to the seller unless the seller instructs the broker in the listing agreement not to submit offers after an offer has been accepted by the seller.

(b) Unless a subsequent offer is contingent upon termination of an existing contract, the licensee shall recommend that the seller obtain the advice of legal counsel prior to acceptance.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing L. 1992, Ch. 120, section 1; effective Jan. 11, 1993.)

Kan. Admin. Regs. § 86-3-24 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing L. 1992, Ch. 120, section 1; effective Jan. 11, 1993; revoked Aug. 9, 1993.)

Kan. Admin. Regs. § 86-3-25 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 1995 Supp. 58-30,110, as amended by 1996 SB 710, § 18; effective Nov. 17, 1995; amended Sept. 13, 1996; revoked, T-86-10-1-97, Oct. 1, 1997; revoked Oct. 24, 1997.)

Kan. Admin. Regs. § 86-3-26 Real estate brokerage relationships brochure

(a) The commission's document titled "real estate brokerage relationships," as approved by the commission on October 10, 2017, is hereby adopted by reference.

(b) As required by K.S.A. 58-30,110 and amendments thereto, each licensee shall give any prospective buyer or seller a brochure titled "real estate brokerage relationships." Any brokerage firm may either use the commission document adopted by reference in subsection (a) or design a brochure that contains at least the same information contained in that document. Each brochure shall also provide the name of the licensee providing the brochure, the name of the supervising or branch broker of the licensee if applicable, and the name of the brokerage firm as registered with the commission.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 58-30,110 and K.S.A. 2017 Supp. 74-4202; implementing K.S.A. 58-30,110; effective, T-86-10-1-97, Oct. 1, 1997; effective Oct. 24, 1997; amended March 16, 2018.)

Kan. Admin. Regs. § 86-3-26a Designated agents; disclosure of brokerage relationships

(a) If a supervising broker or branch broker designates in a written agency agreement one or more designated agents to represent the interests of a buyer, seller, tenant, or landlord client, any other salespersons or associate brokers that are employed by or associated with the supervising broker or branch broker who are not specifically designated in the written agency agreement to represent the interests of the client shall not be deemed to have a brokerage relationship with the client.

(b) If a designated agent has been appointed to represent a buyer, seller, tenant, or landlord in a transaction, the brokerage relationship disclosure in the contract or lot reservation agreement shall specify that a designated agent was appointed to represent the interests of the client.

(c) Each licensee involved in a transaction as a statutory agent or a transaction broker shall ensure the completeness and accuracy of the disclosure required by K.S.A. 58-30,110(c), and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2015 Supp. 74-4202; implementing K.S.A. 58-30,109 and 58-30,110; effective Nov. 16, 2007; amended Nov. 14, 2016.)

Kan. Admin. Regs. § 86-3-27 Transaction broker addendum

The commission's form titled "transaction broker addendum," as approved by the commission on October 10, 2017, is hereby adopted by reference. Each licensee shall ensure that this form is completed to obtain the informed consent of a seller client and a buyer client pursuant to K.S.A. 58-30,109, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 58-30,109 and K.S.A. 2017 Supp. 74-4202; implementing K.S.A. 58-30,109; effective, T-86-10-1-97, Oct. 1, 1997; effective Oct. 24, 1997; amended March 16, 2018.)

Kan. Admin. Regs. § 86-3-28 Buyer's or tenant's consent

The commission's form titled "buyer's or tenant's consent to direct negotiation," as approved by the commission on April 18, 2017, is hereby adopted by reference. Each seller's agent, landlord's agent, or transaction broker shall ensure that this form is completed and signed by the buyer or the tenant before engaging in direct negotiations with that buyer or tenant.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2017 Supp. 74-4202; implementing K.S.A. 2017 Supp. 58-30,103; effective, T-86-10-1-97, Oct. 1, 1997; effective Oct. 24, 1997; amended March 16, 2018.)

Kan. Admin. Regs. § 86-3-29 Participation of salesperson or associate broker in affiliated business arrangement with title agency

(a) Any salesperson or associate broker may have a financial interest, as defined in K.S.A. 40-2404(14)(e)(ii) and amendments thereto, in an affiliated business arrangement with a title insurer or title insurance agency created or regulated pursuant to K.S.A. 40-2404(14)(e)-(j) and amendments thereto, 12 U.S.C. §2607(c) of the real estate settlement procedures act (RESPA), and 24 C.F.R. 3500.15 if, upon commencement of the affiliated business arrangement, the salesperson or associate broker notifies the supervising broker or branch broker, by certified mail, of the proposed affiliated business arrangement in order to allow supervision pursuant to K.S.A. 58-3035(d) and (n) and K.S.A. 58-3062(c)(3), and amendments thereto.

(b) Each salesperson or associate broker who has a financial interest in an affiliated business arrangement as specified in subsection (a) shall notify the supervising broker or branch broker in writing within five business days after the effective date of each contract in any real estate transaction from which the salesperson or associate broker will receive compensation due to an affiliated business arrangement.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 2004 Supp. 58-3035 and 58-3062, as amended by L. 2005, ch. 179, § 19; effective, T-86-5-20-05, May 20, 2005; effective Nov. 18, 2005.)

Kan. Admin. Regs. § 86-3-30 Advertising

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-4202(b), as amended by L. 2008, ch. 155, sec. 9; implementing L. 2008, ch. 155, sec. 6; effective, T-86-6-25-08, July 1, 2008; effective Oct. 24, 2008; revoked Nov. 14, 2016.)

Kan. Admin. Regs. § 86-3-31 Broker supervision

(a) Failure of a supervising broker or branch broker to properly supervise the activities of an associated or employed salesperson or associate broker shall include the following:

(1) Allowing a person not licensed by the commission to engage in activities requiring a license on behalf of the broker or brokerage firm, unless the person is exempt from licensure pursuant to K.S.A. 58-3037, and amendments thereto;

(2) allowing an associated or employed salesperson or associate broker to engage in dual agency or activities requiring an active real estate license while that salesperson's or associate broker's license is expired, inactive, pending transfer, suspended, or revoked;

(3) failure to take action to ensure that an associated or employed salesperson or associate broker complies with any restrictions or conditions placed upon that salesperson's or associate broker's license;

(4) directing or instructing an associated or employed salesperson or associate broker to take any action in violation of the real estate brokers' and salespersons' license act, the brokerage relationships in real estate transactions act, or any commission regulations;

(5) failing to take action to prevent an associated or employed salesperson or associate broker from taking any action in violation of the real estate brokers' and salespersons' license act, the brokerage relationships in real estate transactions act, or any commission regulations, if the supervising broker or branch broker has actual knowledge of the impending violation;

(6) failing to timely take action to correct or mitigate a violation of the real estate brokers' and salespersons' license act, the brokerage relationships in real estate transactions act, or any commission regulations by an associated or employed salesperson or associate broker, if the supervising broker or branch broker has actual knowledge of the violation;

(7) failing to ensure that all contracts and forms used by an associated or employed salesperson or associate broker are reviewed for accuracy and compliance with applicable statutes, regulations, and office policies;

(8) failing to ensure that all advertising by associated or employed salespersons or associate brokers complies with applicable statutes, regulations, and office policies; and

(9) failing to ensure that all associated or employed salespersons and associate brokers are able to maintain reasonable and timely communication with the supervising broker, branch broker, or a competent designee.

(b) Any of the following may be considered mitigating factors regarding an alleged violation of subsection (a):

(1) The supervising broker or branch broker has implemented policies and procedures to prevent an associated or employed salesperson or associate broker from violating a restriction or condition placed upon the license or from committing a violation of the real estate brokers' and salespersons' license act, the brokerage relationships in real estate transactions act, or any commission regulations, as demonstrated by both of the following:

(A) The supervising broker or branch broker has written policies and procedures in place to provide guidance in real estate practice law to the associated or employed salesperson or associate broker.

(B) The supervising broker or branch broker demonstrates that the associated or employed salesperson or associate broker received training on the written policies and procedures specified in paragraph (b)(1)(A).

(2) The supervising broker or branch broker provides access to either of the following:

(A) Ongoing training or education sessions for associated or employed salespersons or associate brokers; or

(B) experienced personnel to review the accuracy of documents and discuss real estate practice law with associated or employed salespersons or associate brokers.

(3) The supervising broker has systems in place to ensure proper management and control of documents and records relating to licensing requirements and transactions.

(c) Any of the following may be considered aggravating factors with respect to an alleged violation of subsection (a):

(1) The commission has previously disciplined the supervising broker or branch broker for failure to properly supervise associated or employed salespersons or associate brokers.

(2) The supervising broker or branch broker did not have policies and procedures in place as described in paragraph (b)(1)(A) at the time of the violation.

(3) The supervising broker or branch broker is unable to demonstrate that the associated or employed salesperson or associate broker who committed the violation received adequate training on applicable statutory, regulatory, and office policy requirements.

(d) Nothing in this regulation shall prohibit a broker from delegating supervisory duties to competent personnel or affiliated licensees. The supervising broker or branch broker shall be responsible for ensuring compliance with commission statutes and regulations by all personnel and affiliated licensees under the supervising broker's or branch broker's supervision.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2015 Supp. 74-4202; implementing K.S.A. 2015 Supp. 58-3062; effective Nov. 14, 2016.)