58-30,103.Written agency agreements.(a) Except when acting as a transaction broker or solely as a seller,buyer, landlord or tenant, a broker shall act only as a statutory agent inany real estate transaction. A licensee shall not act asadual agent or in a dual capacity of agent and undisclosed principal in anytransaction.
(b) A broker may work with a single party in separate transactionspursuant to different relationships, including, but not limited to, sellingone property as a seller's agent and working with that seller in buyinganother property as a buyer's agent if the broker complies with this act inestablishing the relationships for each transaction. A broker who has beenworking with a seller, landlord, buyer or tenant as a transaction brokermay act as an agent for the seller, landlord, buyer or tenant if the brokercomplies with this act in establishing the agency relationship.
(c) A broker may be engaged as a transaction broker by oral or writtenagreement with the seller, landlord, buyer or tenant. A broker shall beconsidered a transaction broker unless:
(1) An agency relationship between the broker and the party to berepresented is established pursuant to this section; or
(2) a broker works with a buyer or tenant as a subagent of the seller orlandlord by accepting an offer of subagency.
(d) (1) Except as provided in subsection (d)(2), a broker intending toestablish an agency relationship with a seller or landlord shall enter intoa written agency agreement with the party to be represented prior to thelicensee's engaging in any of the activities enumerated in subsection(f)of K.S.A. 58-3035, and amendments thereto, as an employee of, oron behalfof, the seller or landlord.
(2) If the real estate which is to be offered for sale is owned by anyagency of the federal government, a broker may, on behalf of the owner,engage in activities enumerated in subsection (f) of K.S.A.58-3035, andamendments thereto, after obtaining verbal authorization from thefederalagency for which services are to be performed.
(e) To establish an agency relationship with a buyer or tenant, a brokershall enter into a written agency agreement with the party to berepresented no later than the signing of an offer to purchase or lease.
(f) An agency agreement shall set forth the terms and conditions of therelationship, including a fixed date of expiration, any limitation on theduty of confidentiality and the terms of compensation, and shall refer tothe duties and obligations pursuant to K.S.A. 58-30,106 or58-30,107, and amendments thereto. The agreement shall be signed by theparty to be represented and by the broker or a licensee affiliated with thebroker. A copy of the agreement shall be furnished to the client at thetime the client signs the agreement. If, at the time the client signs theagreement, the agreement is not signed by the broker or a licenseeaffiliated with the broker, the broker or a licensee affiliated with thebroker shall furnish a copy of the agreement to the client within areasonable time after the agreement is signed by the broker or a licenseeaffiliated with the broker.
(g) An agency agreement with a seller or landlord shall include anypotential:
(1) for the seller's agent or landlord's agent to act as a transactionbroker;
(2) for an affiliated licensee to act as a designated agent for thebuyer and the designated agent's supervising broker or branch broker, andan affiliated licensee if applicable, to act as a transaction broker; or
(3) for the broker to designate an affiliated licensee to act as thedesignated agent for the seller on the broker's personal listing pursuantto subsection (b)(2) of K.S.A. 58-30,109 and amendments thereto.
(h) An agency agreement with a buyer or tenant shall include anypotential:
(1) For the buyer's agent or tenant's agent to act as atransaction broker; or
(2) For an affiliated licensee to act as a designated agent for theseller and the designated agent's supervising broker or branch broker, andan affiliated licensee if applicable, to act as a transaction broker.
(i) An agency agreement shall not contain an authorization for thebroker to sign or initial any document on behalf of the broker's client ina real estate transaction or authorization for the broker to act asattorney-in-fact for the client.
(j) An agency agreement with a seller shall not provide that thebroker's commission be based on the difference between the gross salesprice and the net proceeds to the owner.
(k) The broker shall not assign, sell or otherwise transfer a writtenagency agreement to another broker without the express written consent ofall parties to the original agreement.
(l) A licensee shall not solicit an agency agreement from a seller orlandlord if the licensee knows that the seller or landlord has, with regardto the property, an agency agreement granting an exclusive right to sell orexclusive agency to another broker.
(m) A licensee shall not solicit an agency agreement from a buyer ortenant if the licensee knows that the buyer or tenant has a written agencyagreement granting exclusive representation to another broker.
(n) A licensee shall not induce any party to break any agency agreement.
(o) If a licensee knows that a buyer or tenant has an agency agreementgranting exclusive representation to another broker, the licensee shall notcontact the buyer or tenant and shall not initiate negotiations for thesale, exchange or lease of real estate with the buyer or tenant. Thelicensee may negotiate the sale, exchange or lease of real estate directlywith the buyer or tenant with the informed consent of the buyer or tenant.The informed consent shall be evidenced by a consent agreement signed bythe buyer or tenant prior to any such direct negotiation. The consentagreement shall acknowledge the buyer or tenant agency agreement and thatthe buyer or tenant may be liable for compensation under the terms of theagency agreement. The commission, by rules and regulations, shall adopt aconsent agreement to be used by licensees pursuant to this subsection.
(p) A licensee shall not contact the seller or landlord or negotiate asale, exchange or lease of realestate directly with a seller or landlord if the licensee knows that theseller or landlord has an agency agreement granting an exclusive right tosell or exclusive agency to another broker. A buyer's or tenant's agent ora subagent may present an offer to the seller or landlord if the seller'sor landlord's agent is present.
History: L. 1995, ch. 252, § 3; Revived, L. 1997, ch. 65, § 26;L. 1997, ch. 65, § 27;L. 2002, ch. 82, § 7; July 1.
58-30,103.Written agency agreements.(a) Except when acting as a transaction broker or solely as a seller,buyer, landlord or tenant, a broker shall act only as a statutory agent inany real estate transaction. A licensee shall not act asadual agent or in a dual capacity of agent and undisclosed principal in anytransaction.
(b) A broker may work with a single party in separate transactionspursuant to different relationships, including, but not limited to, sellingone property as a seller's agent and working with that seller in buyinganother property as a buyer's agent if the broker complies with this act inestablishing the relationships for each transaction. A broker who has beenworking with a seller, landlord, buyer or tenant as a transaction brokermay act as an agent for the seller, landlord, buyer or tenant if the brokercomplies with this act in establishing the agency relationship.
(c) A broker may be engaged as a transaction broker by oral or writtenagreement with the seller, landlord, buyer or tenant. A broker shall beconsidered a transaction broker unless:
(1) An agency relationship between the broker and the party to berepresented is established pursuant to this section; or
(2) a broker works with a buyer or tenant as a subagent of the seller orlandlord by accepting an offer of subagency.
(d) (1) Except as provided in subsection (d)(2), a broker intending toestablish an agency relationship with a seller or landlord shall enter intoa written agency agreement with the party to be represented prior to thelicensee's engaging in any of the activities enumerated in subsection(f)of K.S.A. 58-3035, and amendments thereto, as an employee of, oron behalfof, the seller or landlord.
(2) If the real estate which is to be offered for sale is owned by anyagency of the federal government, a broker may, on behalf of the owner,engage in activities enumerated in subsection (f) of K.S.A.58-3035, andamendments thereto, after obtaining verbal authorization from thefederalagency for which services are to be performed.
(e) To establish an agency relationship with a buyer or tenant, a brokershall enter into a written agency agreement with the party to berepresented no later than the signing of an offer to purchase or lease.
(f) An agency agreement shall set forth the terms and conditions of therelationship, including a fixed date of expiration, any limitation on theduty of confidentiality and the terms of compensation, and shall refer tothe duties and obligations pursuant to K.S.A. 58-30,106 or58-30,107, and amendments thereto. The agreement shall be signed by theparty to be represented and by the broker or a licensee affiliated with thebroker. A copy of the agreement shall be furnished to the client at thetime the client signs the agreement. If, at the time the client signs theagreement, the agreement is not signed by the broker or a licenseeaffiliated with the broker, the broker or a licensee affiliated with thebroker shall furnish a copy of the agreement to the client within areasonable time after the agreement is signed by the broker or a licenseeaffiliated with the broker.
(g) An agency agreement with a seller or landlord shall include anypotential:
(1) for the seller's agent or landlord's agent to act as a transactionbroker;
(2) for an affiliated licensee to act as a designated agent for thebuyer and the designated agent's supervising broker or branch broker, andan affiliated licensee if applicable, to act as a transaction broker; or
(3) for the broker to designate an affiliated licensee to act as thedesignated agent for the seller on the broker's personal listing pursuantto subsection (b)(2) of K.S.A. 58-30,109 and amendments thereto.
(h) An agency agreement with a buyer or tenant shall include anypotential:
(1) For the buyer's agent or tenant's agent to act as atransaction broker; or
(2) For an affiliated licensee to act as a designated agent for theseller and the designated agent's supervising broker or branch broker, andan affiliated licensee if applicable, to act as a transaction broker.
(i) An agency agreement shall not contain an authorization for thebroker to sign or initial any document on behalf of the broker's client ina real estate transaction or authorization for the broker to act asattorney-in-fact for the client.
(j) An agency agreement with a seller shall not provide that thebroker's commission be based on the difference between the gross salesprice and the net proceeds to the owner.
(k) The broker shall not assign, sell or otherwise transfer a writtenagency agreement to another broker without the express written consent ofall parties to the original agreement.
(l) A licensee shall not solicit an agency agreement from a seller orlandlord if the licensee knows that the seller or landlord has, with regardto the property, an agency agreement granting an exclusive right to sell orexclusive agency to another broker.
(m) A licensee shall not solicit an agency agreement from a buyer ortenant if the licensee knows that the buyer or tenant has a written agencyagreement granting exclusive representation to another broker.
(n) A licensee shall not induce any party to break any agency agreement.
(o) If a licensee knows that a buyer or tenant has an agency agreementgranting exclusive representation to another broker, the licensee shall notcontact the buyer or tenant and shall not initiate negotiations for thesale, exchange or lease of real estate with the buyer or tenant. Thelicensee may negotiate the sale, exchange or lease of real estate directlywith the buyer or tenant with the informed consent of the buyer or tenant.The informed consent shall be evidenced by a consent agreement signed bythe buyer or tenant prior to any such direct negotiation. The consentagreement shall acknowledge the buyer or tenant agency agreement and thatthe buyer or tenant may be liable for compensation under the terms of theagency agreement. The commission, by rules and regulations, shall adopt aconsent agreement to be used by licensees pursuant to this subsection.
(p) A licensee shall not contact the seller or landlord or negotiate asale, exchange or lease of realestate directly with a seller or landlord if the licensee knows that theseller or landlord has an agency agreement granting an exclusive right tosell or exclusive agency to another broker. A buyer's or tenant's agent ora subagent may present an offer to the seller or landlord if the seller'sor landlord's agent is present.
History: L. 1995, ch. 252, § 3; Revived, L. 1997, ch. 65, § 26;L. 1997, ch. 65, § 27;L. 2002, ch. 82, § 7; July 1.
58-30,103.Written agency agreements.(a) Except when acting as a transaction broker or solely as a seller,buyer, landlord or tenant, a broker shall act only as a statutory agent inany real estate transaction. A licensee shall not act asadual agent or in a dual capacity of agent and undisclosed principal in anytransaction.
(b) A broker may work with a single party in separate transactionspursuant to different relationships, including, but not limited to, sellingone property as a seller's agent and working with that seller in buyinganother property as a buyer's agent if the broker complies with this act inestablishing the relationships for each transaction. A broker who has beenworking with a seller, landlord, buyer or tenant as a transaction brokermay act as an agent for the seller, landlord, buyer or tenant if the brokercomplies with this act in establishing the agency relationship.
(c) A broker may be engaged as a transaction broker by oral or writtenagreement with the seller, landlord, buyer or tenant. A broker shall beconsidered a transaction broker unless:
(1) An agency relationship between the broker and the party to berepresented is established pursuant to this section; or
(2) a broker works with a buyer or tenant as a subagent of the seller orlandlord by accepting an offer of subagency.
(d) (1) Except as provided in subsection (d)(2), a broker intending toestablish an agency relationship with a seller or landlord shall enter intoa written agency agreement with the party to be represented prior to thelicensee's engaging in any of the activities enumerated in subsection(f)of K.S.A. 58-3035, and amendments thereto, as an employee of, oron behalfof, the seller or landlord.
(2) If the real estate which is to be offered for sale is owned by anyagency of the federal government, a broker may, on behalf of the owner,engage in activities enumerated in subsection (f) of K.S.A.58-3035, andamendments thereto, after obtaining verbal authorization from thefederalagency for which services are to be performed.
(e) To establish an agency relationship with a buyer or tenant, a brokershall enter into a written agency agreement with the party to berepresented no later than the signing of an offer to purchase or lease.
(f) An agency agreement shall set forth the terms and conditions of therelationship, including a fixed date of expiration, any limitation on theduty of confidentiality and the terms of compensation, and shall refer tothe duties and obligations pursuant to K.S.A. 58-30,106 or58-30,107, and amendments thereto. The agreement shall be signed by theparty to be represented and by the broker or a licensee affiliated with thebroker. A copy of the agreement shall be furnished to the client at thetime the client signs the agreement. If, at the time the client signs theagreement, the agreement is not signed by the broker or a licenseeaffiliated with the broker, the broker or a licensee affiliated with thebroker shall furnish a copy of the agreement to the client within areasonable time after the agreement is signed by the broker or a licenseeaffiliated with the broker.
(g) An agency agreement with a seller or landlord shall include anypotential:
(1) for the seller's agent or landlord's agent to act as a transactionbroker;
(2) for an affiliated licensee to act as a designated agent for thebuyer and the designated agent's supervising broker or branch broker, andan affiliated licensee if applicable, to act as a transaction broker; or
(3) for the broker to designate an affiliated licensee to act as thedesignated agent for the seller on the broker's personal listing pursuantto subsection (b)(2) of K.S.A. 58-30,109 and amendments thereto.
(h) An agency agreement with a buyer or tenant shall include anypotential:
(1) For the buyer's agent or tenant's agent to act as atransaction broker; or
(2) For an affiliated licensee to act as a designated agent for theseller and the designated agent's supervising broker or branch broker, andan affiliated licensee if applicable, to act as a transaction broker.
(i) An agency agreement shall not contain an authorization for thebroker to sign or initial any document on behalf of the broker's client ina real estate transaction or authorization for the broker to act asattorney-in-fact for the client.
(j) An agency agreement with a seller shall not provide that thebroker's commission be based on the difference between the gross salesprice and the net proceeds to the owner.
(k) The broker shall not assign, sell or otherwise transfer a writtenagency agreement to another broker without the express written consent ofall parties to the original agreement.
(l) A licensee shall not solicit an agency agreement from a seller orlandlord if the licensee knows that the seller or landlord has, with regardto the property, an agency agreement granting an exclusive right to sell orexclusive agency to another broker.
(m) A licensee shall not solicit an agency agreement from a buyer ortenant if the licensee knows that the buyer or tenant has a written agencyagreement granting exclusive representation to another broker.
(n) A licensee shall not induce any party to break any agency agreement.
(o) If a licensee knows that a buyer or tenant has an agency agreementgranting exclusive representation to another broker, the licensee shall notcontact the buyer or tenant and shall not initiate negotiations for thesale, exchange or lease of real estate with the buyer or tenant. Thelicensee may negotiate the sale, exchange or lease of real estate directlywith the buyer or tenant with the informed consent of the buyer or tenant.The informed consent shall be evidenced by a consent agreement signed bythe buyer or tenant prior to any such direct negotiation. The consentagreement shall acknowledge the buyer or tenant agency agreement and thatthe buyer or tenant may be liable for compensation under the terms of theagency agreement. The commission, by rules and regulations, shall adopt aconsent agreement to be used by licensees pursuant to this subsection.
(p) A licensee shall not contact the seller or landlord or negotiate asale, exchange or lease of realestate directly with a seller or landlord if the licensee knows that theseller or landlord has an agency agreement granting an exclusive right tosell or exclusive agency to another broker. A buyer's or tenant's agent ora subagent may present an offer to the seller or landlord if the seller'sor landlord's agent is present.
History: L. 1995, ch. 252, § 3; Revived, L. 1997, ch. 65, § 26;L. 1997, ch. 65, § 27;L. 2002, ch. 82, § 7; July 1.
