58-3037. Exemptions.
58-3037
58-3037. Exemptions.The provisions of this act shall not apply to:
(a) Any person, other than a person licensed under this act, whodirectly performs any of the acts within the scopeof this act with reference to such person's own property.
(b) Any person who directly performs any of the acts within the scopeof this act with reference to property that such person is authorized totransfer in any way by a power of attorney from the owner, provided thatsuch person receives no commission or other compensation, direct or indirect,for performing any such act.
(c) Services rendered by an attorney licensed to practice in this statein performing such attorney's professional duties as an attorney.
(d) Any person acting as receiver, trustee in bankruptcy, administrator,executor or guardian, or while acting under a court order or under theauthorityof a will or a trust instrument or as a witness in any judicial proceedingor other proceeding conducted by the state or any governmental subdivision oragency.
(e) Any officer or employee of the federal or state government, or anypolitical subdivision or agency thereof, when performing the official dutiesof the officer or employee.
(f) Any multiple listing service wholly owned by a nonprofit organizationor association of brokers.
(g) Any nonprofit referral system or organization of brokers formed forthe purpose of referral of prospects for the sale or listing of real estate.
(h) Railroads or other public utilities regulated by the state of Kansas,or their subsidiaries, affiliated corporations, officers or regular employees,unless performance of any of the acts described in subsection(f)of K.S.A.58-3035, and amendments thereto, is in connection with the sale,purchase, lease or otherdisposition of real estate or investment therein unrelated to the principalbusiness activityof such railroad or other public utility or affiliated or subsidiarycorporation thereof.
(i) The sale or lease of real estate by an employee of a corporation whichowns or leases such real estate, if such employee owns not less than 5%of the stock of such corporation.
(j) The sale or lease of new homes by a person, partnership, associationor domestic corporation who constructed such homes, but the provisions ofthis act shall apply to the sale or lease of any such homes by any employeeof such person, partnership or association or by any employee of suchcorporationwho owns less than 5% of the stock of such corporation.
(k) The lease of real estate for agricultural purposes.
History: L. 1980, ch. 164, § 4;L. 1986, ch. 209, § 16;L. 1989, ch. 167, § 3;L. 1991, ch. 163, § 1;L. 1995, ch. 252, § 16;L. 1996, ch. 212, § 4;L. 1997, ch. 65, § 6;L. 2002, ch. 82, § 2; July 1.