Frequently Asked Questions | KS Real Estate Commission

Frequently Asked Questions | KS Real Estate Commission
Trying to renew your license? If you haven't logged in before, do not create a new account. Use the
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Refer to the
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Video Tutorial Library
for assistance. Email
krec@ks.gov
if needed, thank you.
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Licensing
Exam/Application
How much does it cost to obtain a Kansas Real Estate license?
Salesperson applicants will pay a total of $210 to the Commission; this includes the $15 application fee, $70 background fee and $125 license fee. Broker applicants will pay $295 to the Commission; this includes the $50 application fee, $70 background fee and $175 license fee (an additional $100 Open Company may be applicable). The costs for fingerprinting services, pre-license courses, exam fees, brokerage and board/association membership dues vary. The Commission is not involved in the collection of these fees and cannot provide any specifics--contact the service provider for more information.
Do I need to take courses before I can take the license exam?
Yes, unless exempt pursuant to
HB 2066
. Salesperson and Broker applicants who are not licensed in another state must complete a total of 60 hours of pre-license education, with 30 hours being required
before
the examination; Salesperson applicants who are licensed elsewhere must complete 30 hours, Broker applicants who are licensed elsewhere must complete 34 hours. Course must be taken through an approved provider. View more information on our
Pre-License Education page
Do I have to take the National Exam if I'm already licensed in another state?
No. Applicants who are licensed in another state are only required to pass the Kansas State portion of the license exam. You must submit a Salesperson or Broker Prelicense Application
online
so we can send your exam authorization to Pearson Vue. Once your state exam is authorized, you will be able to schedule on Pearson Vue's website.
How many questions are on the license exam and what topics are covered?
There are 80 questions on the national exam, 30 questions on the state salesperson exam and 40 questions on the state broker exam. Review the
Content Outline
for a list of covered topics.
Where do I take the license exam?
License exams can be taken in person at Pearson Vue Professional Centers or their third party locations across the country.
Find a location near you
. You must submit a Salesperson or Broker Prelicense Application on
our site
so we can send your exam authorization to Pearson Vue. Once your exam is authorized, you must register on Pearson Vue's website to make an exam reservation.
How much does the exam cost?
Salesperson and Broker exams each have two parts, the State portion and the General portion.
When both portions are scheduled together
(whether for the first time or retakes)
, the total cost is $70. If the state portion and general portion are scheduled separately, the fee is $70 per portion. Exam fees are paid directly to Pearson Vue and are due at the time of reservation.
Where do I get the license application?
Once you have completed all applicable pre-license requirements (
background check, education, examination
), we will email you a link and instructions to complete the online license application. You will not be able to access the license application until all pre-license requirements are met.
How long do I have to submit my application after passing the exam?
Exam scores are valid for 6 months from the pass date. The Commission must receive your application within 6 months of the earliest pass date or you will have to retake the exam.
Note:
The background report and pre-license courses also have their own validity periods. Submit your documents timely to avoid having to redo requirements, there are no extensions.
Do I have to affiliate with a brokerage before my license is issued?
Yes, applicants must affiliate with a licensed Kansas broker prior to submitting a license application. You will select the company/branch office you are affiliating with within your online license application then the broker must approve the affiliation. Broker applicants may choose to hold their own license by submitting an Open Company application along with their broker license application.
How do I show proof of my real estate license from another state?
Contact the state regulatory board to request a Certification of License History. This document is required for all applicants who have ever been licensed in another state.
Do I have to be a Kansas resident to apply for a license?
No, nonresident applicants may apply if they hold an equivalent license in their state of residence.
See KSA 58-3040.
How do I check the status of a pending application?
Pending applicants can login to the
Public Portal
to review their processing status; items shown as "In Progress" or "Pending" have either not been submitted or are still being processed. Commission staff will contact an applicant via email to request missing information;
if we have not contacted you
, no additional information is being requested and your application is being processed in the order received. Most licenses are issued within 7-10 business days of receipt of a complete application unless additional review is required.
Do you issue work permits or temporary licenses?
No, the Commission does not issue work permits or temp licenses. Most licenses are issued within 2-3 business days of receipt of a complete application.
How will I know my application was approved?
You and your supervising broker will receive an approval email upon issuance of your license; the email includes your license details and pocket card. You may begin practicing as soon as you receive the email.
Fingerprinting/Background Check
Where can I get my fingerprints taken?
Prints can be done at most law enforcement offices. LiveScan printing is available at law enforcement agencies in Kansas and Pearson Vue Professional Centers in Topeka, Overland Park and Wichita. View our
Fingerprinting page
for more information.
How do I submit my fingerprints to the Commission?
LiveScan prints are transmitted electronically. Mail paper print cards to our office. LiveScan and paper prints will not be processed until the Commission receives a Salesperson or Broker Pre-Licensure application, which must be submitted
online
Can I use a background report from another profession or a previous KS Real Estate application?
No, background checks are non-transferrable. You must submit a new set of fingerprints each time you apply for a KS Real Estate license, even if you are already a salesperson and are applying for a broker license.
How long does the background check take?
The background check can take up to 10 business days. The background report is valid for 6 months from the report date so you must complete all pre-license requirements before it expires or you will be required to submit new prints and pay the $70 background fee again.
Can I apply for a license if I am on probation, diversion or a suspended imposition for a misdemeanor or have a pending criminal charge?
Yes. The charge must be disclosed on your application. If your application is approved, you will be required to report the final disposition of the case and proof of completion of the sentence within 10 days.
Can I apply for a license if I have a pending felony charge or have been convicted of a felony?
Yes. All pending felonies and felony convictions must be disclosed on your application. A license may not be granted to an applicant with a felony conviction until five years after completion of the sentence/court commitment. An applicant with a felony conviction for an offense comparable to any crime which would require the applicant to register as provided in the Kansas offender registration act may not be granted a license until fifteen years after completion of the sentence/court commitment. Review
KSA 58-3043
for more information.
Do I have to disclose a misdemeanor DWI/DUI/OWI or traffic offenses?
Yes. Failure to disclose criminal offenses can result in denial of your application.
Do I have to disclose a conviction if I received an order of expungement or a pardon?
No, convictions which have been expunged or pardoned by court order do not need to be disclosed. Consult with an attorney to find out if this applies to you.
What do I need to submit with my application if I have reported a criminal conviction or pending charge?
You must attach a letter of explanation regarding the factual circumstances of the charge/conviction and the outcome of the case (if applicable). Additional documents may be requested by the Commission, including but not limited to the
Criminal Offense form
Where do I obtain court documents?
Contact the court clerk in the jurisdiction you were charged/convicted in. If the records no longer exist, you must provide a written statement from the court clerk to that effect.
Licensee Information
How do I update my name or contact information?
Login to the
Public Portal
, click "UPDATE RECORD" next to your license record then select
Name or Contact Info Change
and click "CONTINUE". K.A.R. 86-3-15(a) requires changes to be reported within 10 days.
Can I use a P.O. Box for my address?
Yes, but the Commission also requires you have a physical address on file.
How do I request a new pocketcard?
Pocket cards are sent via email anytime your name/contact info changes and when your license is renewed or reactivated. If you need a new card, email us to request one.
How do I obtain a Certification of License History for another state?
Use the
License Search
to find the record, click on the license number then select "PRINT LICENSE HISTORY".
Certifications are publicly available and can be printed for any licensee at any time.
Can I work at a separate location from my brokers office address?
Yes, but any permanent location where one or more licensees regularly conduct real estate business or a location that is held out to be an office must be set up as a primary or branch office with the Commission.
Can I put my license on referral status?
There is no 'referral status' per Commission standards. You can move your license to a referral company but the license will still be active.
Am I required to join a board/association of REALTORS?
The Commission does not require licensees join a board or association. The Commission is not affiliated with any boards or associations.
Can I deactivate my license?
Yes. Login to the
Public Portal
, click "UPDATE RECORD" next to your license record then select
Remove
Affiliation
and click "CONTINUE". Follow the
instructions
to remove all of your company affiliations. This will result in immediate deactivation of your license.
Remember to update your email address.
Can I work while my license is inactive?
Licensees cannot conduct any activities requiring a license while on inactive status.
How long can my license be inactive?
Your license can remain inactive indefinitely as long as you continue to renew. If you do not renew your inactive license, it will expire. If you renew without CE while inactive or remain inactive for 2 or more years, certain CE requirements must be met prior to reactivation. After your license is inactive for 5 years, you must retake the license exam and complete additional CE.
Contact KREC
to find out what your specific requirements are.
How can I reactivate my license?
Login to the
Public Portal
, click "UPDATE RECORD" next to your license record then select
Reactivate License
and click "CONTINUE". Follow the
instructions
to change your status. The request will be held until the company approves it; the system will complete the change within 2-3 minutes of approval unless your license is restricted or conditioned. NOTE: If you need CE hours to reactivate, you will not be permitted to submit the reactivation until the required hours have been completed.
How do I change my company affiliation and how long does it take?
Login to the
Public Portal
, click "UPDATE RECORD" next to your license record then select Move License and click "CONTINUE". Follow the
instructions
to move your license to a new company. Once submitted, the request will be held until the new company approves it. The system will complete the change within 5 minutes of approval unless your license is restricted. The
Broker Acknowledgement Letter
is required for restricted licensees to change companies.
Remember to update your email address.
How do I affiliate with more than one company or branch?
Login to the
Public Portal
, click "UPDATE RECORD" next to your license record then select
Add
Affiliation
and click "CONTINUE". Follow the
instructions
to add a new company/branch while maintaining your existing affiliations. Once submitted, the request will be held until the new company approves it.
Note: A salesperson can only affiliate with multiple offices if they have the same supervising broker. A broker can be affiliated with multiple offices but written authorization from the supervising broker of each office is required.
How do I remove an affiliation from my license?
Login to the
Public Portal
, click "UPDATE RECORD" next to your license record then select
Remove
Affiliation
and click "CONTINUE". Follow the
instructions
to remove a company affiliation.
Removing all of your affiliations will result in immediate deactivation of your license.
If you wish to move your license from one company to another, select
Move License
OR
Add Affiliation
instead of
Remove Affiliation
to do so.
Remember to update your email address.
Licensee Renewal
How do I login to my Public Portal account?
Login at
. If you have not logged in before, do
not
create a new account. To reset your password or view username, click the
Forgot Password
link. You’ll receive an email with username and instructions to reset your password within five (5) minutes. Please check all email accounts, including spam folders. The email will come from
elp@ks.gov
. If you are not receiving the email, it is because a different email address is on file with KREC. Email
krec@ks.gov
to update the email on file only after trying the options above first.
Do I need to take CE to renew?
12 hours of CE are required to renew to active status, including a 3 hour Kansas Required Core. CE is not required to renew to inactive status but hours must be made up prior to reactivation.
How do I renew my license?
Login to the
Public Portal
, select the MY RECORDS tab then click "
RENEW LICENSE
next to your license record or submit
Renewal Application form REL-200
When is my renewal due and will the Commission contact me?
Your renewal is due by your license expiration date. Check your pocket card for the date or look your record up using
Licensee Search
. The Commission sends courtesy renewal reminder emails 45 days prior to expiration--be sure to update your email address.
How long do I have to renew my expired license?
A license must be renewed within 6 months of expiration. If it not renewed, the license will be forfeited and you must reapply. Licenses listed Expired Renewable are still eligible for renewal; licenses listed as Expired cannot be renewed or reactivated.
Is the Code of Ethics a core class for Kansas?
No, Code of Ethics is an elective. The core class is called
Kansas Required Core
. If you belong to a REALTOR
association, Code of Ethics is required to maintain your membership with them. This is separate from the Commission (KREC). If you do complete a Code of Ethics course, it may count as elective credit toward your license renewal with the Commission. Check with your REALTOR® association to ensure they will accept the Code of Ethics course approved by the Commission.
Can courses I took for another state count for Kansas?
If you take a dual credit course through a Kansas approved provider, it will count for Kansas. If the course was not dual credit or the school is not an approved Kansas provider, you must login to the
Public Portal
and complete an Education Individual Request for CE form online to have the course reviewed by our Education staff; if approved, elective credit will be applied to your record. Courses must meet Kansas requirements for continuing education.
When is my CE due?
Your CE must be complete by your expiration date but you can complete the hours any time during your 2 year renewal cycle. To avoid processing delays and late fees, we strongly recommend completing your CE at least 7 days prior to expiration.
How do I know how many CE hours I've taken?
for your record, select your license then click the "CONTINUING EDUCATION" tab to view your CE; hours for past renewals are not displayed. You can also view your CE by logging into the
Public Portal
Where can I take CE?
View of list of approved CE providers
and their course offerings. You may take CE through any of the schools on this list. Make sure you register for courses using the name and license number we have on file.
My hours are not showing up in my record, what do I do?
Schools must report CE within 5 days of completion OR by the expiration date, whichever is soonest. If that time has passed,
email your certificates to KREC
. You can still submit an online renewal if you hours have not yet been reported--our system will complete the renewal once the CE is on file.
My license is inactive, do I still need to renew?
Yes, inactive licenses must be renewed to avoid expiration and a late fee. The fee is $125 for salesperson and $175 for brokers.
How much does it cost to renew?
The salesperson renewal fee is $125, the broker renewal fee is $175. A $100 late fee is applicable for late renewal (submitting your renewal by your expiration date but failing to meet the CE requirements until after the date will result in a late fee).
Why is my license listed as Expired-Renewable if I completed my CE?
In addition to completing CE, you must also submit a renewal application and payment. Login to the
Public Portal
, select MY RECORDS
then click
"RENEW LICENSE"
next to your license record.
How do I know if my renewal was processed?
You will receive a renewal confirmation email with an updated pocket card within 48 hours of submission. If you do not receive confirmation, your renewal might be on hold.
Contact KREC
for more information.
Education
Continuing Education
Is the Code of Ethics course required by the Commission for license renewal?
No, Code of Ethics is an elective. The core class is called KANSAS REQUIRED CORE. if you belong to a REALTOR
association it is required to maintain your membership with them. This is separate from the Commission (KREC). If you do complete a Code of Ethics course, it may count as elective credit toward your license renewal with the Commission. Check with your REALTOR® association to ensure they will accept the Code of Ethics course approved by the Commission.
What counts as a core course for mandatory CE credit in Kansas?
Salespersons and Brokers must complete at least three mandatory hours in the approved course titled: "Kansas Required Core." The Kansas Required Core is a specific course that must be approved in Kansas and follow the topical outline approved by KREC. A course titled “core” in other states does not count for mandatory credit in Kansas.
Where can I find approved CE providers and courses?
A directory of approved providers and courses is located at our Continuing Education
page
Can I receive CE credit for completing a course not currently approved by the Commission?
Possibly. Login to the
Public Portal
and complete an Education Individual Request for CE form online to request approval for up to nine elective credit hours for real estate-related courses that are not currently approved by KREC. Do not submit this form for courses listed in the
Directory of Approved CE Providers and Courses
. All courses must meet Kansas requirements for continuing education. You must submit the form, course outline, course completion certificate, and fee. Distance courses require additional documentation, including proof of a passing score of 90% or better on an exam for synchonous (webinar) online delivery.
Do I need to send my course completion certificates to the Commission?
Save the course completion certificates for your records; you do not need to send them to the Commission unless requested by the Commission. Your education provider will submit CE and Prelicense credit for approved courses directly to the Commission. Education providers have up to five calendar days (or by your expiration date, whichever is sooner) to submit credit on your behalf. If you do not see credit applied to your account after those five days, contact your education provider.
How can I ensure course credit is successfully applied to my account?
Verify your name and license or applicant number are correct using the
License Search
and always register for courses with the same name and license or applicant number that is on file with KREC. You do not need to login to view this information.
For pre-license classes, students should register using the PL number assigned by KREC. This is a temporary pre-license number beginning with PL and consisting of 7-10 characters. The student will provide this number to the school upon registration for a pre-license course. Once the applicant receives a license, the PL number is no longer needed.
For CE classes, students should register using the licensee’s 8-digit license number assigned by KREC.
If this information does not match, it may cause delays in credit being applied.
It is also the responsibility of the school to confirm and accurately convey licensee and applicant names and numbers back to KREC.
Licensees can view completed CE hours for the current renewal cycle using the Licensee Search as well. CE hours for past renewal cycles are not displayed. If you do not see credit applied to your account, contact your education provider.
Where can I find my license expiration date?
Check your license expiration date by conducting a search on the
License Search
page. You do not need to login to view this information.
Effective January 1, 2019, the Commission transitioned to a license expiration date calculation in which the license expiration date for new licensees is the first day of the month two years after the date of issuance. For those with licenses issued prior to January 1, 2019, the expiration date is the first day of the month following the previous expiration date. The expiration date will only change if the license type is changed or the license lapses and application for a new license must be made. A change of last name no longer impacts the license expiration date, so no prorated fees or refunds are necessary.
Where can I check my CE?
for your record, select your license then click the "CONTINUING EDUCATION" tab to view your CE; hours for past renewals are not displayed. You can also view your CE by logging into the
Public Portal
. Education providers have up to five calendar days (or by license expiration date, whichever is sooner) to submit credit to KREC. If you do not see credit applied to your account after those five days, contact your education provider.
Can I receive CE credit for attending a Commission meeting?
A 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 meeting must be advertised prior as eligible for CE credit and attendance must be in-person for at least three consecutive hours of the meeting.
When can I complete my CE?
You may complete your CE at any time during your current two-year renewal cycle. However, to avoid late fees and frustration, do not wait until the last minute to complete your CE.
Companies
Affiliated Licensee
How can a new agent affiliate with my company?
If the new agent is applying for a license, they will select your company to affiliate with as part of their online license application. When the application is submitted, you receive an email instructing you to login to review their applicant and approve the request. An existing licensee must login to the
Public Portal
to submit a request to affiliate with your company.
Do you mail wall licenses?
No, we do not generate or send wall licenses. Pocket cards are sent to licensees via email and do not contain any affiliation information. Brokers are not required to display licenses in the office.
Will the Commission notify me if an affiliated licensee moves their license to another company?
Supervising brokers receive an email when a licensees affiliation with their company ends, whether due to an affiliation change or deactivation. The email does not indicate whether the licensee moved or change their status; use
License Search
to check.
Can a company affiliation change be delayed if the licensee owes me money?
No. There is no provision in the license law for the responsible broker to delay the request for any reason. The broker's signature is not required to remove a company affiliation.
Can I deactivate a licensee?
Yes. Login to
Public Portal
, click MY RECORDS then select UPDATE RECORD next to the office the licensee is affiliated with. Select
Manage Affiliated Licenses
on the menu. Follow the
instructions
to deactivate the licensee(s). You and the licensee will receive email confirmation when the change is complete. Note:
if the deactivation is the result of a termination or violation, also submit
REL-730, Termination/Violation Reporting form
How can I check my licensees expiration dates?
for your company record to view your roster; licensee expiration dates are listed. You can also download a report of all licensees affiliated with a specific office OR all licensees under the supervision of a specific broker by going to the
Public Portal
and selecting "
REPORTS
" in the top right corner.
How do I check my affiliated licensees CE?
Use the
License Search
to look up the licensee's record. Click on their license number then select the "
CONTINUING EDUCATION
" tab.
Company Change
How do I change my company/branch office contact information?
Company or Branch Office contact information can only be changed by the responsible broker of the specific office. The broker must login to their
Public Portal
account, select MY RECORDS then click "UPDATE RECORD" next to the company or branch office record. Select the
CONTACT INFO CHANGE
option then click "CONTINUE". Alternatively, you may submit
REC-400, Company Name/Contact Info Change form
to change company information.
How do I change my company name or add a trade name?
To change your company name or trade name, login to your
Public Portal
account, select MY RECORDS then click "UPDATE RECORD" next to the company record. Select
Company Name or Trade Name Change
then click "CONTINUE". Alternatively, you may submit
REC-400 Company Name/Contact Info Change form
The Commission may deny your request if a real estate company with the same name or similar already exists in your proposed company's marketing area.
Note: Branch office names cannot be changed; trade names cannot be added to branch offices.
How do I close a company or branch office?
Login to the
Public Portal
, select MY RECORDS then click "UPDATE RECORD" next to the company or branch office record. Select
CLOSE COMPANY
or
CLOSE BRANCH OFFICE
then click "CONTINUE". Alternatively, you may submit
REC-440, Close Company form
. Additional action may be required depending on company affiliation changes.
Closing an office will result in deactivation of any affiliated licensees whose licenses are not associated with another company.
How do I change the responsible broker for my company?
Login to the
Public Portal
, select
MY RECORDS
then click
"UPDATE RECORD"
next to the Company or Branch record. Select
SUPERVISING BROKER CHANGE
and click "CONTINUE"
on the menu. Follow the
instructions
to select a new supervising broker. Once submitted, the request will be held until the new broker logs into their account and approves it.
Alternatively, submit the
REC-450, Change Supervising Broker form
If there are any restricted licensees on the roster, the new broker must submit the
Broker Acknowledgement Letter
for each of them.
Company Information
Do you license companies?
No, The Commission does not license companies. Individuals are licensed to do business under a company name, which is approved by the Commission.
How can I find out if a company is registered with the Commission?
Search for business or a licensee using
Licensee Search
. If your search does not produce any results, try entering the business name in the
"DBA/Trade Name"
field instead.
Do I need to renew my company?
Since the Commission does not license companies, there is no company renewal. The company will remain open as long as the responsible brokers license is valid and in good standing.
What is my Company Number?
This is a unique 10 character identification number assigned by the Commission. You can find a company number by using the
Record
New Office
How do I open a new company or branch office and how much does it cost?
Submit
REC-430 Open Company form
; the fee is $100. Additional forms may be required depending on company affiliation changes. If opening a branch office, the signature of the main office supervising broker is required.
Note: The request may be denied if a real estate company with a similar or same name already exists in your marketing area
Search for existing companies
Can I use a PO Box for my office address?
Yes, but the Commission also requires you have a physical address on file.
Can I work out of my home?
A broker may establish with the Commission a primary or branch office in their home where the broker and affiliated licensees may conduct real estate activities.
Can a supervising/branch brokers company address be in a different state than where they live?
Kansas resident brokers may have a company in Kansas or in an adjoining state. Nonresident brokers may have a company address in Kansas or their state of residence.
Am I allowed to supervise multiple offices?
Yes, a licensed Kansas broker can be the supervising broker for more than one office.
Can a branch office use a different name than the primary office?
No. All branch offices must have the same name and trade name as the primary office.
Does my company need to register the trade name, d/b/a, or fictitious name with the Kansas Secretary of State?
You may be required to register according to the Secretary of State's rules and regulations. Visit the
Secretary of State's website
Compliance
Advertising
What information must appear in all advertising of a listed property?
Licensees must include the supervising broker's business or trade name in all advertising. The supervising broker's business or trade name must be prominently and conspicuously displayed in comparison to the licensee's or team's name.
See K.S.A. 58-3086.
As an independent contractor, may I do my own advertising?
Yes, only if conducted under the supervision of the supervising or branch broker.
See K.S.A. 58-3086(b)(A).
May I include my personal contact information in an advertisement?
Yes, but only if authorized to do so by the supervising or branch broker.
See K.S.A. 58-3086(d)(1).
May I include a team name, slogan or a website or domain name in advertisement?
Yes, if advertisement has been authorized by the supervising or branch broker
and
is not confusing to the public and cannot be construed as a supervising or branch broker's business or trade name.
See K.S.A. 58-3086(d)(2)-(4).
If I am a licensee and do not enter into a buyer agency agreement and I want to advertise that I'm soliciting property to purchase, do I need to clearly inform the public that I have a real estate license?
Yes.
See K.S.A. 58-3086(f).
Am I required to have a sign outside the location of my business?
No, you are not required to have a sign outside the location of your business.
Can a licensee advertise their own property for sale as a FSBO instead of listing with a broker?
Yes, but the licensee must advertise in a manner that clearly informs the public that a real estate licensee owns or has an interest in the advertised property.
See K.S.A. 58-3086(e).
Brokerage Relationships in Real Estate Transactions Act (BRRETA)
As an agent, am I responsible for making sure the other agent fills in the Agency Disclosure correctly?
Every licensee involved in a transaction is responsible for accurately disclosing brokerage relationships in the purchase contract or lot reservation agreement. If the brokerage relationship is incorrect, the error may be corrected in a counter-offer or amendment to the contract.
What are the brokerage relationship options when you are a broker with no affiliated licensees?
If the broker is the only licensee, designated agency is not an option. The broker may act as a seller's agent or a buyer's agent (not in the same transaction); as a landlord's agent or a tenant's agent (not in the same transaction); or as a transaction broker.
Can I tell my listing clients I'm moving to another company and give them my new contact information?
No. The salesperson or associate broker should not have any communication concerning this information with the client. The supervising broker should contact the listing clients and customers concerning any cancellation of the agreement or a re-assignment of a different listing agent. A licensee may communicate with the parties that were previously clients or customers when a brokerage relationship has ended.
Can a licensee take their listings when they change company affiliations?
When a licensee enters a brokerage relationship with a client or customer, the licensee is doing so on behalf of the supervising or branch broker. The broker owns those agreements. If the broker chooses to release his or her clients or customers from their written brokerage relationship agreement (i.e. agency agreement or transaction broker agreement), the broker should be communicating with the client or customer directly. If the salesperson or associate broker communicates with a client or customer and after that communication the client or customer asks the broker to be released from their written agreement, disciplinary action may be taken against the salesperson or associate broker.
Compliance Review
What documents must a broker maintain as a part of the brokerage records?
Brokers must maintain all records relating to the broker’s real estate business. Each transaction file, whether pending, closed or cancelled, should contain the following record (if applicable):
Agency agreement with seller
Agency agreement with buyer
Transaction broker addendum
Transaction brokerage agreement
Offers, counteroffers
Contract
Lot reservation agreement
Commercial lease
Option
Receipt for purchase agreement and earnest money
Closing statements
Authorization to disburse earnest money on transaction which did not close
Any other record generated in connection with the transaction
How long do I have to keep transaction files and other records?
Kansas law requires the supervising broker to keep records for three years. A broker may want to check with their accountant and attorney to see if retaining the records for a longer period is recommended.
What is the purpose of a compliance review?
The purpose of a compliance review is to determine whether funds received by licensees in real estate transactions are handled properly and whether transactions comply with Kansas law. Staff track funds to be sure they are properly deposited, no unauthorized or early disbursements are made, and funds are not commingled or converted for personal use.
How will I be contacted if I am selected for a Compliance Review?
Brokers with a valid email address on file with the Commission will initially be contacted by email. Brokers without a valid email address will be contact by U.S. Mail.
Can I submit Compliance Review information via email?
Yes. This is the Commission's preferred method.
If violations are found, will staff tell me how much I will be fined?
No. Staff do not assess fines and are not able to provide that information. Once the compliance review is complete, the file is sent to the Commission’s office. The broker will receive the official results from the Commission.
How will I receive the official results of my compliance review?
If there are no violations, staff will notify the broker by email upon completion of the compliance review. If there are violations, staff will discuss the violations with the broker and submit the file to the Commission’s office for review.
Can I dispute compliance review findings?
The broker will have an opportunity to request a hearing on the official results of the compliance review if any disciplinary action is imposed. Information for requesting a hearing are included in all disciplinary orders.
Should I include all transactions on my transaction log or list?
The Kansas Real Estate Commission will only review Kansas transactions. If your transaction log includes multiple states, make sure to indicate which are Kansas transactions. This will also apply to the number of transactions reported on the REC-550 Compliance Review Questionnaire. Report only the total number of
Kansas
transactions.
General Compliance
May I pay a referral fee to an unlicensed person?
No. A referral fee can only be paid if the referral is provided by a Kansas real estate licensee or a person holding a real estate license in another state.
May I pay an unlicensed assistant?
Yes, provided the unlicensed assistant is being paid for activity that does not require a real estate license.
How do I pay a licensed assistant for activities requiring a license?
A salesperson or associate broker may accept a commission or compensation from a licensee who employs them if:
both the employing licensee and the licensed assistant are licensed under the supervision of the same broker, and
the supervising broker agrees in writing that the licensee may pay the personal assistant.
I am licensed in another state. Can I list or sell Kansas real estate and "partner" or "cooperate" with a Kansas broker without obtaining a Kansas real estate license?
Yes, but only when dealing with commercial property and under a written broker cooperation agreement with a Kansas broker. See K.S.A. 58-3077 for all requirements.
Can the Commission call my broker and get my commission check corrected (or paid)?
No. This matter is outside the jurisdiction and authority of the Commission; seek legal advice.
As an affiliated licensee who is not the supervising broker, can I receive compensation directly from the closing agent?
No, compensation can only be paid to the supervising broker or the supervising broker’s company.
Trust Account
What is an escrow or trust account?
An escrow or trust account is a separate bank account set up by the broker to hold all down payments, earnest money deposits, advance listing fees or other trust funds received in a real estate transaction.
Is a broker required to have a trust account?
No. A supervising broker, with Commission approval, may choose to use a third party to hold trust funds.
How do I get the Commission's approval to not maintain a trust account?
The forms to open a company or change a supervising broker include a place to indicate if a trust account will not be maintained. If a new company is not being opened or the broker is not changing, submit a written request to the Compliance department at
kreccompliance@ks.gov
How do I get the Commission's approval for a trust account?
Submit
REC-500, Trust Account form
. A trust account form is included in the
Open Company form
and the
Change Supervising Broker form
How do I report closure of my trust account?
A report on closing trust account form is included in the Close Company form and the Change Supervising Broker form. If the company is not closing or the broker is not changing, submit
REC-500, Trust Account form
Where may a broker establish a trust account?
At an insured bank or saving and loan association, a credit union which is insured with an insurer or guarantee corporation in Kansas, or, with the approval of the Commission, in an adjoining state.
Can I have an interest bearing trust account for earnest money and other trust funds?
Yes, the broker may keep the interest accrued on money held in the trust account with written consent of all parties to the transaction.
When must funds be deposited in a trust account?
Kansas law requires trust funds to be deposited within five business days of the execution of the sales contract or a specific date otherwise agreed to by the parties in the contract.
Is it permissible to keep extra funds in a trust account?
The broker may keep up to $100.00 in additional funds in the trust account to pay expenses for the use and maintenance of the trust account.
What kind of record keeping do I need for a trust account?
A complete record of all monies received or escrowed on real estate transactions must be maintained, including:
deposit slips showing transaction number, date of deposit, amount and where deposited.
monthly trust account bank statement, canceled checks and deposit slips
a check register which shows the chronological sequence in which funds are received and disbursed
for funds received: date of deposit, transaction number, amount
for funds disbursed: date, transaction number, payee, amount
the current balance
a ledger for each transaction including:
names of principals
property address
transaction number
amount
date of each deposit
check number
date of check
payee
amount of each disbursement
the current balance
a ledger for broker's funds, if applicable
Legal
Fine
Why did the commission fine me?
Pursuant to K.S.A. 58-3050(d)(1), the Commission has the authority to impose a civil fine on a licensee for any violation of the real estate laws and regulations. The fines are due in full within 30 days of the Order’s effective date. If you cannot pay your fine in full, please contact
kreclegal@ks.gov
Reference the Docket Number from the order when you contact us.
How do I pay my fine?
You may contact the Commission to pay your fine by phone, submit the
Payment Authorization Form
to
kreclegal@ks.gov
or you may mail a cashier’s check or money order to:
Kansas Real Estate Commission
Jayhawk Tower
700 SW Jackson Street, Suite 404
Topeka, KS 66603-3785
Provide the Docket Number when you call or note it on the payment authorization form, cashier’s check or money order.
Hearing
What happens after I request a hearing?
You will receive a notice acknowledging your request along with a prehearing questionnaire. This allows you to provide additional information including the reason for your request and evidence you wish to present to support your dispute. You will receive a separate Notice of Hearing which provides the date and time of your hearing. Hearings may be held at the Kansas Real Estate Commission office, unless otherwise noted.
Will I be represented?
You may represent yourself or you can elect to retain legal counsel at your own expense. The Commission will not provide legal counsel for you. Hearings are conducted in accordance with the Kansas Administrative Procedures Act.
How will I be notified of the outcome of my hearing?
You will be notified of the outcome via US Mail or email (if you have consented to electronic service) within 90 days of your hearing.
Legal Advice/Guidance
Can the Commission offer legal advice or guidance?
The Commission is prohibited from providing legal advice, guidance and interpretation of the statutes and regulations for licensees and the public.
Seek the assistance of a licensed attorney.
If you feel there has been a violation of the real estate laws and regulations, you may
file a complaint
Reporting Requirements
What must be reported to the Commission?
Pursuant to
K.A.R. 86-3-15
, the following must be reported to the Commission within ten (10) days of the occurrence:
Any settlement from litigation related to real estate filed against you or the brokerage owned in whole or in part by you, or any final court judgment filed against you, or the brokerage owned in whole or in part by you. You will need to provide a copy of the Settlement Agreement or the final court Judgment and submit the
Litigation/Disciplinary Action Reporting form
Any pending charge(s), arrest, indictment, guilty plea, or nolo contendere to, or conviction of any misdemeanor or felony. You can find the classification of your charge on the ticket or court document(s) provided to you. Charges classified as infractions do not need to be reported. You will need to submit the
Criminal Offense form
Any change in your name, residence address, and email on file with the Commission.
Any denial of a salesperson or broker application received from another state.
Any suspension, revocation, or disciplinary action taken by another state against your salesperson or broker license.
Any denial, suspension, revocation, voluntary surrender, or other disciplinary action taken by the state of Kansas or any other state against a professional or occupational license or certificate held by you.
Summary Proceeding Order
Why did I receive a Summary Proceeding Order?
The Commission may issue a Summary Proceeding Order in the following situations:
When a licensee repeatedly violates the same statute or regulation, or when the Commission deems the violation egregious.
When a violation is identified during the review of an original or renewal license application.
When the Commission decides that a license should be restricted, conditioned, or denied.
An Order may also be issued if an applicant or licensee lacks sufficient transactional experience or fails to demonstrate honesty, trustworthiness, integrity, and competence.
The Order will include details about the violation, the disciplinary action imposed, the reason for any denial, restriction, or condition, and will specify the terms.
How do I appeal the findings in the Order?
Review the order for information on contesting the findings. Instructions on how to request a hearing are outlined under the Right to Request Relief. Hearings must be requested
prior
to the order becoming effective. Failure to comply with an Order is a violation of K.S.A. 58-3050(a)(5) and may result in additional disciplinary action. Additional disciplinary action may include suspending or revoking your Kansas real estate license.
How long will my license be restricted/conditioned?
The restriction/condition placed on a license is indefinite unless the Order specifically notes a timeframe for the restriction/condition.
(example: "restricted for a period of 2 years...", "conditioned until completion of...", etc.)
Can a restriction/condition be lifted or removed?
Yes, please review the Summary Proceeding Order for instructions on requesting a lift/removal.
Warning Letter/Commission Directive
Why did I receive a Warning Letter and what do I need to do?
A warning letter may be issued when a first-time or minor violation occurs. Warning letters are to inform you of the violation to ensure it does not occur again. The violation will be noted in the licensee's record but no response is required. Subsequent violations of the same nature will result in formal disciplinary action.
What is a Commission Directive?
A Commission Directive is a formal notice of a statutory/regulatory requirement a licensee must comply with. The directive alerts licensees of reporting requirements for any criminal offense and/or notifies licensees of violations found as the result of a compliance review or complaint investigation. Commission Directives should be reviewed for instruction as a response or additional documents must be submitted to the Commission.
Failure to comply with a Directive is a violation of K.S.A. 58-3050(a)(5) and may result in additional disciplinary action.
When are Commission Directives sent?
Directives are sent when:
A violation is found during a complaint investigation or a compliance review and a corrective action plan is required. The directive will detail the violation and require the licensee to submit a written corrective action plan indicating what steps will be taken to ensure the violation does not reoccur.
A licensee has an unresolved misdemeanor or felony arrest, charge or conviction and is required to comply with reporting requirements, including submission of court documents.
Do I have to comply with the Directive if my license is inactive?
Yes. Failure to comply with a Directive is a violation of K.S.A. 58-3050(a)(5) and may result in additional disciplinary action. You may choose to surrender or forfeit your license if you do not wish to comply with the requirements. However, doing so will prevent you from engaging in any activities that require a real estate license in Kansas. Once your license is surrendered or forfeited, you will need to reapply to obtain a new one.
Send requests to surrender/forfeit your license to
kreclegal@ks.gov