Duties and Powers of the Kansas Real Estate Commission
Area I of the Kansas state outline is worth 2 of the 40 broker items and covers the Commission's members and general powers, its investigations and hearings, the discipline it may impose, and criminal prosecution.
Members and general powers
K.S.A. 74-4201 puts five members on the Commission, appointed by the governor, one from each congressional district and the rest at large, each a Kansas citizen and resident for the preceding five years. At least three must have been real estate brokers for five years and at least one must never have engaged in the business. Terms are four years. K.S.A. 74-4202 makes a majority a quorum, requires the Commission to receive applications and issue licenses, to administer both the license act and BRRETA, to adopt rules and regulations, and to make all necessary investigations, and lets it enforce an order by an action in district court. The Commission keeps its office in Topeka.
Investigations, hearings and appeals
Every licensee must furnish the Commission such evidence as the licensee has of any violation (K.S.A. 74-4202(b)), and failing to respond in a timely way to a request for documents or information, or refusing to appear or testify under oath at a hearing, are themselves prohibited acts under K.S.A. 58-3062(a)(20) and (21). Proceedings run under the Kansas administrative procedure act (K.S.A. 58-3050(i)), costs of an adverse hearing may be assessed against the licensee under K.S.A. 58-3056, and an aggrieved person appeals under the Kansas judicial review act (K.S.A. 58-3058). The Commission may use emergency adjudicative proceedings to summarily suspend a licensee whose trust account is in unsound condition or who is misappropriating client funds (K.S.A. 58-3050(j)).
Discipline, civil fines and criminal prosecution
K.S.A. 58-3050(a) lets the Commission refuse to grant or renew, and revoke, suspend, condition or restrict a license, or censure a licensee, for violations of either act, for a misdemeanor reflecting on honesty or competence, for a fair housing adjudication, for obtaining a license by fraud, for violating a Commission order, or for out-of-state discipline; subsection (b) makes suspension or revocation mandatory on a felony plea or conviction. Civil fines run to $1,000 per violation, or $5,000 where the Commission makes specific findings of aggravating circumstances (subsection (d)). Complaints must generally be commenced within three years of the occurrence (subsection (h)). Willful violation is a misdemeanor under K.S.A. 58-3065(a), punishable by up to 12 months and a fine of $100 to $1,000 for a first offense and $1,000 to $10,000 for a later one, and since 2024 subsection (c) lets the Commission issue a cease and desist order against a person practicing without a license.
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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
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