58-30,102. Definitions.
58-30,102
58-30,102. Definitions.As used in the brokerage relationships in real estate transactions act,unless the context otherwise requires:
(a) "Affiliated licensee" means any individual licensed as a salespersonor broker under the Kansas real estate brokers' and salespersons' licenseact who is employed by a broker or affiliated with a broker as anindependent contractor.
(b) "Agency" means every relationship in which a broker acts foror represents another, by the latter's express written authority, in a realestate transaction. "Agency" also means the relationship in which a broker,byverbal authorization pursuant to subsection (d)(2) of K.S.A. 58-30,103, and amendments thereto, acts for or represents any agency of thefederal government in the sale of property owned by the federal agency.
(c) "Agency agreement" means a written agreement setting forth the termsand conditions of the relationship between a broker and the broker'sclient.
(d) "Broker" means: (1) An individual who is licensed as a broker underthe Kansas real estate brokers' and salespersons' license act and who hasan agency with a seller, buyer, landlord or tenant or acts as a transactionbroker; or (2) a corporation, partnership, association or limited liabilitycompany, of which the officers and members, or persons employed by orassociated with the corporation, partnership, association or limitedliability company, are licensed pursuant to K.S.A. 58-3042 and amendmentsthereto and which has an agency with a seller, buyer, landlord or tenant oracts as a transaction broker. The term "broker" includes the broker'saffiliated licensees except where the context would otherwise indicate. Ifan individual broker is indicated by the context, the term "broker" meansthe supervising broker as defined by K.S.A. 58-3035 and amendments thereto.
(e) "Brokerage firm" means the business entity of a broker, whether aproprietorship, partnership, corporation, association or limited liabilitycompany.
(f) "Buyer's agent" means a broker who has an agency with a buyer. Theterm includes the broker's affiliated licensees.
(g) "Client" means a seller, landlord, buyer or tenant who has an agencywith a broker.
(h) "Commission" means the Kansas real estate commission.
(i) "Confidential information" means information made confidential bystatute, rule, regulation or instructions from the client or personalinformation about the client which might place the other party at anadvantage over the client unless the information is made public or becomespublic by the words or conduct of the client to whom the informationpertains or from a source other than the licensee.
(j) "Customer" means a seller, landlord, buyer or tenant in a realestate transaction in which a broker is involved but who has not enteredinto an agency with the broker.
(k) "Designated agent" means a licensee affiliated with a broker who hasbeen designated by the broker, or the broker's duly authorizedrepresentative, to act as the agent of a broker's buyer or seller client tothe exclusion of all other affiliated licensees.
(l) "Landlord's agent" means a broker who has entered into an agencywith a landlord. The term includes the broker's affiliated licensees.
(m) "Licensee" means any person licensed under the Kansas realestate brokers' and salespersons' license act as a broker or salesperson.
(n) "Ministerial acts" means those acts that a licensee may perform fora person that are informative in nature and do not rise to the level ofactive representation on behalf of a person. Examples of these actsinclude, but are not limited to:
(1) Responding to telephone inquiries by consumers as to theavailability and pricing of brokerage services;
(2) responding to telephone inquiries from a person concerning the priceor location of property;
(3) attending an open house and responding to questions about theproperty from a consumer;
(4) setting an appointment to view property;
(5) responding to questions of consumers walking into a licensee'soffice concerning brokerage services offered on particular properties;
(6) accompanying an appraiser, inspector, contractor or similar thirdparty on a visit to a property;
(7) describing a property or the property's condition in response to aperson's inquiry; or
(8) referral to another broker or service provider.
(o) "Seller's agent" means a broker who has an agency with a seller. Theterm includes the broker's affiliated licensees and subagents of thebroker.
(p) "Qualified third party" means a federal, state or local governmentalagency or any person whom the broker, the affiliated licensee or a party tothe real estate transaction reasonably believes has the expertise necessaryto meet the industry standards of practice for the type of inspection orinvestigation that has been conducted by the third party in order toprepare a written report.
(q) "Statutory agent" means a seller's agent, a buyer's agent, alandlord's agent, a tenant's agent or a designated agent in a real estatetransaction.
(r) "Tenant's agent" means a broker who has an agency with aprospective tenant. The term includes the broker's affiliated licensees.
(s) "Transaction broker" means a broker who assists one or more partieswith a real estate transaction without being an agent or advocate for theinterests of any party to such transaction. The term includes the broker'saffiliated licensees.
History: L. 1995, ch. 252, § 2; Revived, L. 1997, ch. 65, § 24;L. 1997, ch. 65, § 25; Oct. 1.