58-3069.Same; court order directing payment from, when; hearing;recovery limitation; attorney fees.(a) Any person who meets all of the conditions prescribed by subsection(b) of K.S.A. 58-3068 and amendments thereto, except where the court findscompliance not reasonable or practicable pursuant to subsection (b), mayapply to the court in which the judgment was renderedfor an order directing the real estate commission to cause payment to bemade to such person from the real estate recovery revolving fund. At thetime the application is made, the court shall cause notice thereof to begiven to the director of the commission, stating the time set by the court for ahearing thereon, which shall not be less than 10 nor more than 30days after the application is filed.
(b) At the hearing, the claimant shall appear and present such proofand evidence as the court may require to establish the claimant's rightto recovery from the real estate recovery revolving fund, and thedirector of the commission may appear, in person or by counsel, andpresent evidence or testimony with respect thereto. Upon the hearing,the court may enter an order directing the director of the commission tocause payment to be made to the claimant from the real estate recoveryrevolving fund if the court determines that:
(1) The claimant meets all of the conditions prescribed bysubsection (b) of K.S.A. 58-3068 and amendments thereto; or
(2) compliance with subsection(b)(4), (5) or (6) ofK.S.A. 58-3068 and amendments thereto is not reasonable or practicable and theclaimant is otherwise qualified and has pursued all reasonable means tocollect the amount of the judgment or the unsatisfied portion thereof.
(c) The recovery allowed a claimant hereunder shall be the lesser of:
(1) An amountequal to that part of the unsatisfied portion of the judgment whichreflects actual orcompensatory damages plus the amount of any reasonable attorney feesincurred by the claimant in effecting recovery hereunder; or
(2) $15,000.
History: L. 1980, ch. 164, § 36; L. 1981, ch. 304, § 5;L. 1986, ch. 210, § 4; July 1.
58-3069.Same; court order directing payment from, when; hearing;recovery limitation; attorney fees.(a) Any person who meets all of the conditions prescribed by subsection(b) of K.S.A. 58-3068 and amendments thereto, except where the court findscompliance not reasonable or practicable pursuant to subsection (b), mayapply to the court in which the judgment was renderedfor an order directing the real estate commission to cause payment to bemade to such person from the real estate recovery revolving fund. At thetime the application is made, the court shall cause notice thereof to begiven to the director of the commission, stating the time set by the court for ahearing thereon, which shall not be less than 10 nor more than 30days after the application is filed.
(b) At the hearing, the claimant shall appear and present such proofand evidence as the court may require to establish the claimant's rightto recovery from the real estate recovery revolving fund, and thedirector of the commission may appear, in person or by counsel, andpresent evidence or testimony with respect thereto. Upon the hearing,the court may enter an order directing the director of the commission tocause payment to be made to the claimant from the real estate recoveryrevolving fund if the court determines that:
(1) The claimant meets all of the conditions prescribed bysubsection (b) of K.S.A. 58-3068 and amendments thereto; or
(2) compliance with subsection(b)(4), (5) or (6) ofK.S.A. 58-3068 and amendments thereto is not reasonable or practicable and theclaimant is otherwise qualified and has pursued all reasonable means tocollect the amount of the judgment or the unsatisfied portion thereof.
(c) The recovery allowed a claimant hereunder shall be the lesser of:
(1) An amountequal to that part of the unsatisfied portion of the judgment whichreflects actual orcompensatory damages plus the amount of any reasonable attorney feesincurred by the claimant in effecting recovery hereunder; or
(2) $15,000.
History: L. 1980, ch. 164, § 36; L. 1981, ch. 304, § 5;L. 1986, ch. 210, § 4; July 1.
58-3069.Same; court order directing payment from, when; hearing;recovery limitation; attorney fees.(a) Any person who meets all of the conditions prescribed by subsection(b) of K.S.A. 58-3068 and amendments thereto, except where the court findscompliance not reasonable or practicable pursuant to subsection (b), mayapply to the court in which the judgment was renderedfor an order directing the real estate commission to cause payment to bemade to such person from the real estate recovery revolving fund. At thetime the application is made, the court shall cause notice thereof to begiven to the director of the commission, stating the time set by the court for ahearing thereon, which shall not be less than 10 nor more than 30days after the application is filed.
(b) At the hearing, the claimant shall appear and present such proofand evidence as the court may require to establish the claimant's rightto recovery from the real estate recovery revolving fund, and thedirector of the commission may appear, in person or by counsel, andpresent evidence or testimony with respect thereto. Upon the hearing,the court may enter an order directing the director of the commission tocause payment to be made to the claimant from the real estate recoveryrevolving fund if the court determines that:
(1) The claimant meets all of the conditions prescribed bysubsection (b) of K.S.A. 58-3068 and amendments thereto; or
(2) compliance with subsection(b)(4), (5) or (6) ofK.S.A. 58-3068 and amendments thereto is not reasonable or practicable and theclaimant is otherwise qualified and has pursued all reasonable means tocollect the amount of the judgment or the unsatisfied portion thereof.
(c) The recovery allowed a claimant hereunder shall be the lesser of:
(1) An amountequal to that part of the unsatisfied portion of the judgment whichreflects actual orcompensatory damages plus the amount of any reasonable attorney feesincurred by the claimant in effecting recovery hereunder; or
(2) $15,000.
History: L. 1980, ch. 164, § 36; L. 1981, ch. 304, § 5;L. 1986, ch. 210, § 4; July 1.
