BRRETA: Brokerage Relationships in Real Estate Transactions Act
Area V is worth 15 of the 40 broker items, 37.5% of the state portion and the largest single block on the exam. In Kansas 'agency' means this act, K.S.A. 58-30,101 et seq., and not common-law agency. The outline prints no lettered subtopics, so the structure below follows the act's own sections.
The relationships and the default
A broker acts only as a statutory agent (seller's, landlord's, buyer's, tenant's or designated agent), as a transaction broker, or solely as a principal; a licensee may not act as a dual agent or as agent and undisclosed principal (K.S.A. 58-30,103(a)). Kansas therefore has no consent-based dual agency. A broker is considered a transaction broker unless an agency relationship is established under the section or the broker works as a subagent by accepting an offer of subagency (subsection (c)), so the transaction broker is the default. A transaction broker assists one or more parties without being an agent or advocate for any of them (K.S.A. 58-30,102(u)). A designated agent is an affiliated licensee designated to act as the agent of a buyer or seller client to the exclusion of all other affiliated licensees (58-30,102(k)).
Agreements, compensation and termination
An agency agreement with a seller or landlord must be in writing and signed before the licensee engages in any K.S.A. 58-3035(f) activity for that owner, except for federally owned property; with a buyer or tenant, no later than the signing of an offer (58-30,103(d) and (e)). The agreement must state a fixed date of expiration, any limitation on confidentiality and the terms of compensation, and must refer to the applicable duties section (subsection (f)); it may not authorize the broker to sign for the client or act as attorney-in-fact (i), may not base a seller's commission on the difference between gross price and net proceeds (j), and may not be transferred to another broker without every party's written consent (k). K.A.R. 86-3-8 bars automatic extension clauses. Compensation is presumed to come from the transaction and payment alone does not create an agency (58-30,105). Relationships end at closing or on the earlier of the agreed expiration or an authorized termination, after which only accounting and confidentiality survive (58-30,104).
Duties owed, and the brokerage relationships brochure
A seller's or landlord's agent, and equally a buyer's or tenant's agent, must perform the agreement, promote the client's interests with utmost good faith, loyalty and fidelity, present offers in a timely manner, disclose adverse material facts about the other party, advise the client to get expert advice, account for money and property, and comply with the acts and with fair housing law (K.S.A. 58-30,106 and 58-30,107). To a customer the agent owes only disclosure of adverse material facts actually known, and no duty to inspect independently or verify what the client or a qualified third party said. A transaction broker's obligations are in K.S.A. 58-30,113: reasonable skill and care, presenting all offers even when the property is under contract, keeping the parties informed, accounting, and disclosing adverse material facts, while subsection (f) forbids revealing without consent that a buyer will pay more, that a seller will take less, either party's motivating factors, or a willingness to accept other financing terms, in any transaction other than commercial property or residential property of more than four units. Under K.S.A. 58-30,110(a)(2) the 'real estate brokerage relationships' brochure adopted by K.A.R. 86-3-26 goes to a prospective buyer or seller at the first practical opportunity, with six exceptions in (a)(3): the licensee is acting solely as a principal, the communication is a solicitation of business, the property is commercial or residential of more than four units, the sale is by public auction, the licensee is only performing ministerial acts, or the consumer already received the brochure from the licensee's firm.
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State-specific details
State exam facts
- State regulator
- Kansas Real Estate Commission (KREC)
- Exam vendor
- Pearson VUE
- Passing score
- Scaled score of 70
- Scored questions
- 120
- Time limit
- 240 minutes
Who regulates real estate brokers in Kansas?
The Kansas Real Estate Commission (KREC) licenses brokers and salespersons. KREC contracts with Pearson VUE to deliver the licensing exams.
What experience do I need before the Kansas broker exam?
Broker applicants must have at least two years of active experience as a licensee (documented on a Broker Transaction Log) and complete the approved Kansas 'Broker Fundamentals' course within one year before passing both exam portions.
How is the Kansas broker exam structured?
The Kansas broker exam has 120 questions (80 general + 40 state), delivered by Pearson VUE over 4 hours, and requires a scaled score of 70 or higher to pass.
Sources: https://krec.ks.gov, https://www.pearsonvue.com/us/en/ks/realestate.html
In the Kansas Real Estate Broker guide: A 60-question national practice exam, with a key that explains all four options and not just the right one. Practice here stays free.