Requirements Governing Activities of Kansas Licensees
Area III is worth 8 of the 40 broker items and has seven lettered subtopics: place of business and company names, records, reporting requirements, advertising, commissions and referral and relocation fees, required residential contract language, and supervision of affiliated licensees.
Place of business, company names and records
Each resident broker maintains a primary office in Kansas or an adjoining state (K.S.A. 58-3060(a)). A supervising broker is designated for the primary office and a branch broker for each additional place of business (subsection (b)), and either office may be in that broker's residence (subsection (f)). Written notice goes to the Commission within five days of a change in the broker's name, business name, trade name, office location or designated broker, and within five days of closing an office (subsections (c) and (d)). A trade name must be registered with and approved by the Commission, and a branch uses the same name as the primary office (K.S.A. 58-3079). Records are kept for at least three years in paper or digital files (K.A.R. 86-3-10), each carrying the unique transaction number required by K.A.R. 86-3-22, and trust account records must be reconciled monthly (K.A.R. 86-3-18).
Reporting, advertising and fees
K.A.R. 86-3-15 requires a licensee to report in writing within 10 days of occurrence any litigation settlement, final judgment, criminal charge, arrest, indictment, plea or conviction, change of name, residence address or e-mail, and any denial or discipline of a license by another jurisdiction. Advertising must be under the direct supervision of the supervising or branch broker and must display the supervising broker's trade or business name prominently and conspicuously (K.S.A. 58-3086(b)); K.A.R. 86-3-7 caps a team name at twice the font size of the broker's name and requires it to sit adjacent online. K.S.A. 58-3076 permits soliciting a referral fee only where an introduction of business, a contractual referral fee relationship or a contractual cooperative brokerage relationship exists, and forbids threatening relocation benefits or counseling another licensee's client on ending an agreement.
Required contract language and supervision
Every contract for the sale of residential real estate must carry the offender-registration paragraph prescribed by K.S.A. 58-3078, pointing a buyer to the KBI homepage or the local sheriff. Failure to properly supervise an associated or employed licensee is a prohibited act under K.S.A. 58-3062(c)(3), and K.A.R. 86-3-31(a) lists what it includes: letting an unlicensed person do licensed work, letting a licensee practice on an expired, inactive, suspended or revoked license or engage in dual agency, ignoring restrictions on a license, directing a violation, failing to prevent a known impending violation, failing to correct or mitigate a known violation, failing to review contracts and forms, failing to ensure advertising complies, and failing to keep licensees able to reach the broker. Written policies and prompt correction are mitigating factors under subsection (b).
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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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