Brokerage Relationships in Kansas (BRRETA)
Kansas defines working relationships through the Brokerage Relationships in Real Estate Transactions Act (BRRETA), which makes transaction brokerage the default. This chapter explains the presumed relationship, agency options, and required disclosure.
Transaction Broker as the Default
Under BRRETA, a licensee is presumed to be a transaction broker unless a written agreement creates an agency relationship. A transaction broker assists the parties in completing a transaction without being an advocate or agent for either. The transaction broker still owes statutory duties such as honesty, reasonable skill and care, accounting for money, and disclosure of known adverse material facts about the property.
Single Agency and Designated Agency
A licensee may instead become a single agent for one party by written agreement, owing that client full agency duties including loyalty and confidentiality. A broker may also designate agents within the firm so that different affiliated licensees represent the buyer and the seller. The written brokerage relationship agreement establishes which role applies.
Required Disclosure and Timing
BRRETA requires the licensee to provide the brokerage relationships disclosure at the first substantial contact with a consumer, before confidential information is shared. Early disclosure lets the consumer understand whether the licensee is a transaction broker or an agent for a party before revealing negotiating information. A transaction broker must keep confidential each party's negotiating position unless authorized to disclose it.