Kansas Real Estate Broker Exam — All Questions

The Kansas Real Estate Commission is made up of:

• a.Nine members named by the Kansas Association of Realtors from its board
• b.Seven members elected by the state's licensees to staggered six-year terms
• c.Five members appointed by the governor, at least three of them brokers✓
• d.Three members appointed by the state treasurer from the largest firms

K.S.A. 74-4201(a) fixes the make-up of the Commission: five members appointed by the governor, one from each congressional district and the remainder from the state at large, each a citizen and resident of Kansas for the five years before appointment. Not less than three must have been real estate brokers for five years, and not less than one must never have engaged in business as a real estate broker and may not do so while serving, so the industry majority is deliberately balanced by a public member. Successors are appointed to four-year terms under subsection (b), and K.S.A. 74-4202(a) makes a majority of the members a quorum. Nothing in the statute puts the seat in the hands of the licensees themselves, so an elected board is not how Kansas does it. The Kansas Association of Realtors is a private trade association whose officers hold no authority over licensed practice and appoint no one. And the state treasurer has no appointing role here; the appointment power belongs to the governor alone.

KREC determines that an unlicensed person has been listing and showing houses for a fee. The Commission may:

• a.Revoke that person's Kansas real estate license for the violation
• b.Issue a cease and desist order under the administrative procedure act✓
• c.Wait until a county attorney files a criminal charge in the case
• d.Order the person to pay the lost commissions into the recovery fund

K.S.A. 58-3065(c) says that if the Commission determines a person or an associated entity has practiced without a valid broker's or salesperson's license, then in addition to any other penalties imposed by law the Commission may, in accordance with the Kansas administrative procedure act, issue a cease and desist order against the unlicensed person. That subsection was added by L. 2024, ch. 63, so a guide written before it will tell a candidate the Commission's only route against an unlicensed person is a prosecution or an injunction. Revocation is not available because there is no license to revoke; K.S.A. 58-3050 operates on licensees and applicants. Waiting for the county attorney is what the new subsection exists to avoid, and K.S.A. 58-3065(b) already says the Commission need not report minor violations for criminal prosecution when other administrative action serves the public interest. The real estate recovery revolving fund pays judgment creditors of licensees under K.S.A. 58-3068; it is not a penalty account that a wrongdoer is ordered to fill.