An applicant who has pled guilty to 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 the date of the applicant's discharge from post-release supervision, completion of any non-prison sanction or suspension of the imposition of the sentence resulting for any plea of guilty or no contest.
An applicant who has pled guilty to any other felony offense may not be granted a license until five years after the date of the applicant's discharge from post-release supervision, completion of a non-prison sanction or suspension of the imposition of the sentence resulting from any plea of guilty or no contest to or conviction.
License approval is not guaranteed after the required number of years have elapsed. An application may be denied, approved, or approved with restrictions.
Yes. If a license is approved you must report the final disposition of the case and compliance with the court sentence or order. Broker applicants will be restricted to no supervision of licensees until discharged.
The Commission considers:
1. The nature of the offense;
2. Any aggravating or extenuating circumstances;
3. The time elapsed since the offense;
4. The rehabilitation or restitution performed by the applicant; and
5. Any other factors that the Commission deems relevant.
A license may be restricted or denied pursuant to K.S.A. 58-3043 which allows the Commission to consider the applicant's criminal history or any other matters the Commission deems pertinent.
Yes. Letters of recommendation regarding your rehabilitation, level of competence in the profession or past employment, or character for honesty, integrity, trustworthiness, or competence are encouraged.
If the Commission requests you provide court documents and you no longer have copies, you may contact your attorney, if you were represented, or the clerk of the court in the jurisdiction where the offense occurred. In most cases, if you were cited by the police, your records would be available at the municipal court in the city where the offense occurred. If you appealed the municipal court's finding, the records will also need to be obtained from the district court. If you were cited by the sheriff, highway patrol or if you were charged with a felony, your records would be available at the district court in the county where the offense occurred.
You will need to contact the court clerk and ask how you can arrange to have copies made of your case file. It is your responsibility to contact the appropriate court and obtain the requested documentation. If the court tells you that the documents are no longer available, you must obtain a written statement of confirmation from the court to that effect.
The Commission will specify which documents to obtain. They may include the charges, disposition, and proof of completion of probation, diversion or suspended imposition of sentence.
Original Charges: This may be in the form of a citation, complaint, information or summons and indicates the specific violation(s), sometimes referred to as counts, for which you have been charged. Sometimes these documents are combined, for example, a document may be called a summons and complaint. In addition, if an amended complaint was filed, you should provide a copy of the original and amended complaint.
Disposition: This document indicates your plea or stipulation to the charges or the court's ruling and includes the terms of your conviction and sentence. Sometimes this is called a judgment, journal entry of judgment, sentence or diversion agreement.
Proof of Completion of Probation, Diversion or Suspended Imposition of Sentence: This document is usually entitled order terminating probation or order terminating diversion. Often municipal courts do not file an official court document upon completion of diversion. In those instances, you may obtain other documentation (ex. docket summary, letter, etc.) from the Clerk that indicates you completed all the terms of your sentence and the case is closed
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. There must be sufficient space to store records and for the Commission staff to conduct an audit. A salesperson or associate broker may not hold out their home or other location to be a real estate office.
Your license remains inactive until you reactivate your license or it expires due to failure to renew. If you leave the license on inactive status for two or more years, additional education requirements must be completed. If left on inactive status for five or more years, the licensure exam must be retaken.
K.S.A. 58-3047 provides that the form is to be returned to the Commission "immediately upon termination". If you are having difficulty getting your broker to cooperate, document the number of attempts you have made to contact the broker, the date and time, and how your attempts were made (ex. email, phone, fax, etc.). Submit the form and fee to the Commission with your list of attempts to contact the broker.
Complete the Company Name or Contact Information Change Form (REC-400). The request may be denied if a real estate company with a similar or same name already exists in your marketing area. Click here to search for existing companies.
Submit the Open Company/Branch Form (REC-430) to the Commission with the $100.00 fee and trust account information. Additional forms and fees may be required depending on whether you are transferring your license, adding an additional company affiliation, etc. The request may be denied if a real estate company with a similar or same name already exists in your marketing area. Click here to search for existing companies.
Submit the Close Company/Branch Form (REC-440) to the Commission. Attach the report on closing the trust account, if applicable. Additional forms and fees may be required if licenses are to be transferred to another company, placed on inactive status, or removed from a licensee's multiple company affiliation.
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.
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.
No. The salesperson or associate broker should not have any communication concerning this information with the client. The broker of the firm 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.
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.
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.
Licensees must include any other information considered necessary by the supervising or branch broker. See K.S.A. 58-3086(b)(C).
1. if authorized by the supervising or branch broker; and
2. 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).
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.
A report on closing trust account form is included in the Close Company form and the Change Supervising Broker form. The Trust Account form is also available independently in the Commission’s form library.
The forms to open a company or change a supervising broker include a place to indicate if a trust account will not be maintained. A request may be made in writing if a new company is not being opened or if the broker is not changing.
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.
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.
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. Within the first correspondence, the broker will be asked the preferred method of future contact for the remainder of the compliance review.
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.
If there are no violations, staff will notify the broker by written letter 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.