58-30a17. Who may demand the entering of satisfaction or release of lien.
58-30a17
58-30a17. Who may demand the entering ofsatisfaction or release of lien.(a) The following persons may make demandupon a broker for the entering of satisfaction or release ofthe lien, as provided for in K.S.A. 58-30a12 and 58-30a16, and amendmentsthereto:
(1) An owner or the owner's heirs or assigns or anyone acting for suchowner, heirs or assigns;
(2) an owner of real estate upon which a lien has been recorded bysomeone having no legitimate claim in the real estate; or
(3) a lender or designated closing agent acting as a closing agent in thesale, financing or refinancing of the real estate subject to such lien.
(b) Any broker or assignee of a broker who refuses or neglectsto enter satisfaction or release of such lien within 20 daysafter demand has been made as provided in subsection (a) shall be liableto the person for whom thedemand was made in the sum of $500 as a civil penalty, together witha reasonable attorney's fee for preparing and prosecutingthe action.The plaintiff in such action may recover any additional damages that theevidence in the case warrants. Civil actions may be brought underthis section before any court of competent jurisdiction, and attachments maybe had as in other cases.
History: L. 2005, ch. 179, § 17; July 1.