58-3035.Definitions.As used in this act, unless the context otherwise requires:
(a) "Act" means the real estate brokers' and salespersons' license act.
(b) "Advance listing fee" means any fee charged forservices relatedto promoting the sale or lease of real estate and paidin advance of the rendering of such services, includingany fees charged for listing, advertising or offering for sale or leaseany real estate, but excluding any fees paid solely foradvertisement or for listing in a publication issuedfor the sole purpose of promoting the sale or lease of real estate whereininquiries are directed to the owner of the real estate or to real estatebrokers and not to unlicensed persons who publish the listing.
(c) "Associate broker" means an individual who has abroker's licenseand who is employed by another broker or is associated with another brokeras an independent contractor and participates in any activity describedin subsection (f).
(d) "Branch broker" means an individual who has a broker'slicense andwho has been designated to supervise a branch office and the activities ofsalespersons and associate brokers assigned to the branch office.
(e) "Branch office" means a place of business other thanthe principal place of business of a broker.
(f) "Broker" means an individual, other than a salesperson, whoadvertises or represents that such individual engages in the business ofbuying, selling, exchanging or leasing real estate or who, for compensation,engages in any of the following activities as an employee of, or on behalfof, the owner, purchaser, lessor or lessee of real estate:
(1) Sells, exchanges, purchases or leases real estate.
(2) Offers to sell, exchange, purchase or lease real estate.
(3) Negotiates or offers, attempts or agrees to negotiate the sale,exchange, purchase or leasing of real estate.
(4) Lists or offers, attempts or agrees to list real estate for sale,lease or exchange.
(5) Auctions or offers, attempts or agrees to auction real estate orassists an auctioneer by procuring bids at a real estate auction.
(6) Buys, sells, offers to buy or sell or otherwise deals in optionson real estate.
(7) Assists or directs in the procuring of prospects calculated to resultin the sale, exchange or lease of real estate.
(8) Assists in or directs the negotiation of any transaction calculatedor intended to result in the sale, exchange or lease of real estate.
(9) Engages in the business of charging an advance listing fee.
(10) Provides lists of real estate as being available forsale or lease, other than lists provided for the sole purpose ofpromoting the sale or lease of real estate wherein inquiries are directedto the owner of the real estate or to real estate brokers and not tounlicensed persons who publish the list.
(g) "Commission" means the Kansas real estate commission.
(h) "Exchange" means a type of sale or purchase of real estate.
(i) "Interest" means: (1) Having any type of ownership in the real estateinvolved in the transaction; or (2) an officer, member, partner or shareholderof any entity that owns such real estate excluding an ownership interest ofless than 5% in a publicly traded entity.
(j) "Lease" means rent or lease for nonresidential use.
(k) "Licensee" means any person licensed under this act asa broker or salesperson.
(l) (1) "Office" means any permanent location where one or morelicenseesregularly conductreal estate business as described in subsection (f) or a location that is heldout as an office.
(2) "Office" does not mean a model home office in a new home subdivision ifthe real estatetransaction files are maintained in the primary office or branch office.
(m) "Person" means any individual or any foreign or domestic corporation,partnership or association.
(n) "Primary office" means a supervising broker's principalplace of business for each company created or established by the broker.
(o) "Real estate" means any interest or estate in land, including anyleasehold or condominium, whether corporeal, incorporeal, freehold ornonfreeholdand whether the real estate is situated in this state or elsewhere, butdoes not include oil and gas leases, royalties and other mineral interests,and rights of way and easements acquired for the purpose of constructingroadways, pipelines, conduits, wires and facilities related to these types ofimprovement projects for private and public utilities, municipalities, federaland state governments, or any political subdivision. For purpose of this act,any rights of redemption are considered to be an interest in real estate.
(p) "Salesperson" means an individual, other thanan associate broker,who is employed by a broker or is associated with a broker as an independentcontractor and participates in any activity described in subsection (f).
(q) "Supervising broker" means an individual, other than a branchbroker, who has a broker's license and who has been designated as thebroker who is responsible for the supervision of the primary office of a brokerand theactivities of salespersons and associate brokers who are assigned to suchoffice and all of whom are licensedpursuant to subsection (b) of K.S.A. 58-3042 and amendments thereto."Supervising broker" also means a broker who operates a sole proprietorshipand with whom associate brokers or salespersons are affiliated as employeesor independent contractors.
58-3035.Definitions.As used in this act, unless the context otherwise requires:
(a) "Act" means the real estate brokers' and salespersons' license act.
(b) "Advance listing fee" means any fee charged forservices relatedto promoting the sale or lease of real estate and paidin advance of the rendering of such services, includingany fees charged for listing, advertising or offering for sale or leaseany real estate, but excluding any fees paid solely foradvertisement or for listing in a publication issuedfor the sole purpose of promoting the sale or lease of real estate whereininquiries are directed to the owner of the real estate or to real estatebrokers and not to unlicensed persons who publish the listing.
(c) "Associate broker" means an individual who has abroker's licenseand who is employed by another broker or is associated with another brokeras an independent contractor and participates in any activity describedin subsection (f).
(d) "Branch broker" means an individual who has a broker'slicense andwho has been designated to supervise a branch office and the activities ofsalespersons and associate brokers assigned to the branch office.
(e) "Branch office" means a place of business other thanthe principal place of business of a broker.
(f) "Broker" means an individual, other than a salesperson, whoadvertises or represents that such individual engages in the business ofbuying, selling, exchanging or leasing real estate or who, for compensation,engages in any of the following activities as an employee of, or on behalfof, the owner, purchaser, lessor or lessee of real estate:
(1) Sells, exchanges, purchases or leases real estate.
(2) Offers to sell, exchange, purchase or lease real estate.
(3) Negotiates or offers, attempts or agrees to negotiate the sale,exchange, purchase or leasing of real estate.
(4) Lists or offers, attempts or agrees to list real estate for sale,lease or exchange.
(5) Auctions or offers, attempts or agrees to auction real estate orassists an auctioneer by procuring bids at a real estate auction.
(6) Buys, sells, offers to buy or sell or otherwise deals in optionson real estate.
(7) Assists or directs in the procuring of prospects calculated to resultin the sale, exchange or lease of real estate.
(8) Assists in or directs the negotiation of any transaction calculatedor intended to result in the sale, exchange or lease of real estate.
(9) Engages in the business of charging an advance listing fee.
(10) Provides lists of real estate as being available forsale or lease, other than lists provided for the sole purpose ofpromoting the sale or lease of real estate wherein inquiries are directedto the owner of the real estate or to real estate brokers and not tounlicensed persons who publish the list.
(g) "Commission" means the Kansas real estate commission.
(h) "Exchange" means a type of sale or purchase of real estate.
(i) "Interest" means: (1) Having any type of ownership in the real estateinvolved in the transaction; or (2) an officer, member, partner or shareholderof any entity that owns such real estate excluding an ownership interest ofless than 5% in a publicly traded entity.
(j) "Lease" means rent or lease for nonresidential use.
(k) "Licensee" means any person licensed under this act asa broker or salesperson.
(l) (1) "Office" means any permanent location where one or morelicenseesregularly conductreal estate business as described in subsection (f) or a location that is heldout as an office.
(2) "Office" does not mean a model home office in a new home subdivision ifthe real estatetransaction files are maintained in the primary office or branch office.
(m) "Person" means any individual or any foreign or domestic corporation,partnership or association.
(n) "Primary office" means a supervising broker's principalplace of business for each company created or established by the broker.
(o) "Real estate" means any interest or estate in land, including anyleasehold or condominium, whether corporeal, incorporeal, freehold ornonfreeholdand whether the real estate is situated in this state or elsewhere, butdoes not include oil and gas leases, royalties and other mineral interests,and rights of way and easements acquired for the purpose of constructingroadways, pipelines, conduits, wires and facilities related to these types ofimprovement projects for private and public utilities, municipalities, federaland state governments, or any political subdivision. For purpose of this act,any rights of redemption are considered to be an interest in real estate.
(p) "Salesperson" means an individual, other thanan associate broker,who is employed by a broker or is associated with a broker as an independentcontractor and participates in any activity described in subsection (f).
(q) "Supervising broker" means an individual, other than a branchbroker, who has a broker's license and who has been designated as thebroker who is responsible for the supervision of the primary office of a brokerand theactivities of salespersons and associate brokers who are assigned to suchoffice and all of whom are licensedpursuant to subsection (b) of K.S.A. 58-3042 and amendments thereto."Supervising broker" also means a broker who operates a sole proprietorshipand with whom associate brokers or salespersons are affiliated as employeesor independent contractors.
58-3035.Definitions.As used in this act, unless the context otherwise requires:
(a) "Act" means the real estate brokers' and salespersons' license act.
(b) "Advance listing fee" means any fee charged forservices relatedto promoting the sale or lease of real estate and paidin advance of the rendering of such services, includingany fees charged for listing, advertising or offering for sale or leaseany real estate, but excluding any fees paid solely foradvertisement or for listing in a publication issuedfor the sole purpose of promoting the sale or lease of real estate whereininquiries are directed to the owner of the real estate or to real estatebrokers and not to unlicensed persons who publish the listing.
(c) "Associate broker" means an individual who has abroker's licenseand who is employed by another broker or is associated with another brokeras an independent contractor and participates in any activity describedin subsection (f).
(d) "Branch broker" means an individual who has a broker'slicense andwho has been designated to supervise a branch office and the activities ofsalespersons and associate brokers assigned to the branch office.
(e) "Branch office" means a place of business other thanthe principal place of business of a broker.
(f) "Broker" means an individual, other than a salesperson, whoadvertises or represents that such individual engages in the business ofbuying, selling, exchanging or leasing real estate or who, for compensation,engages in any of the following activities as an employee of, or on behalfof, the owner, purchaser, lessor or lessee of real estate:
(1) Sells, exchanges, purchases or leases real estate.
(2) Offers to sell, exchange, purchase or lease real estate.
(3) Negotiates or offers, attempts or agrees to negotiate the sale,exchange, purchase or leasing of real estate.
(4) Lists or offers, attempts or agrees to list real estate for sale,lease or exchange.
(5) Auctions or offers, attempts or agrees to auction real estate orassists an auctioneer by procuring bids at a real estate auction.
(6) Buys, sells, offers to buy or sell or otherwise deals in optionson real estate.
(7) Assists or directs in the procuring of prospects calculated to resultin the sale, exchange or lease of real estate.
(8) Assists in or directs the negotiation of any transaction calculatedor intended to result in the sale, exchange or lease of real estate.
(9) Engages in the business of charging an advance listing fee.
(10) Provides lists of real estate as being available forsale or lease, other than lists provided for the sole purpose ofpromoting the sale or lease of real estate wherein inquiries are directedto the owner of the real estate or to real estate brokers and not tounlicensed persons who publish the list.
(g) "Commission" means the Kansas real estate commission.
(h) "Exchange" means a type of sale or purchase of real estate.
(i) "Interest" means: (1) Having any type of ownership in the real estateinvolved in the transaction; or (2) an officer, member, partner or shareholderof any entity that owns such real estate excluding an ownership interest ofless than 5% in a publicly traded entity.
(j) "Lease" means rent or lease for nonresidential use.
(k) "Licensee" means any person licensed under this act asa broker or salesperson.
(l) (1) "Office" means any permanent location where one or morelicenseesregularly conductreal estate business as described in subsection (f) or a location that is heldout as an office.
(2) "Office" does not mean a model home office in a new home subdivision ifthe real estatetransaction files are maintained in the primary office or branch office.
(m) "Person" means any individual or any foreign or domestic corporation,partnership or association.
(n) "Primary office" means a supervising broker's principalplace of business for each company created or established by the broker.
(o) "Real estate" means any interest or estate in land, including anyleasehold or condominium, whether corporeal, incorporeal, freehold ornonfreeholdand whether the real estate is situated in this state or elsewhere, butdoes not include oil and gas leases, royalties and other mineral interests,and rights of way and easements acquired for the purpose of constructingroadways, pipelines, conduits, wires and facilities related to these types ofimprovement projects for private and public utilities, municipalities, federaland state governments, or any political subdivision. For purpose of this act,any rights of redemption are considered to be an interest in real estate.
(p) "Salesperson" means an individual, other thanan associate broker,who is employed by a broker or is associated with a broker as an independentcontractor and participates in any activity described in subsection (f).
(q) "Supervising broker" means an individual, other than a branchbroker, who has a broker's license and who has been designated as thebroker who is responsible for the supervision of the primary office of a brokerand theactivities of salespersons and associate brokers who are assigned to suchoffice and all of whom are licensedpursuant to subsection (b) of K.S.A. 58-3042 and amendments thereto."Supervising broker" also means a broker who operates a sole proprietorshipand with whom associate brokers or salespersons are affiliated as employeesor independent contractors.
