What is a Commission Directive?
A Commission Directive is a request for action from the Commission, generally arising from a law violation, but can be from an ongoing legal matter the Commission wants the licensee to report on based on statutory or regulatory requirements. The Directive itself is not a disciplinary action, however, it may contain a warning about the violation. The Directive will ask for a specific task or action to be completed by a certain time frame. These requests can be ongoing, such as asking for regular reports on a pending legal matter, or a onetime request, such as a corrective action plan to prevent future violations.
Your response to these requests is required. Under K.S.A. 58-3050(a)(5), the Commission may refuse to grant or renew a license and the license of any licensee may be revoked, suspended, conditioned or restricted or a licensee may be censured, if the licensee has violated any lawful order or directive of the Commission. This means if you do not comply with the Directive, you could be subject to disciplinary action.
Advance Listing Fees
Any time a licensee receives money for advertising real estate for sale or lease before such services are rendered, it qualifies as an advance listing fee. That includes fees for listing, advertising, or offering property for sale/lease, but excluding fees paid solely for advertising or for listing in a publication wherein all inquiries about the real estate are directed to the property owner or a licensed broker. See K.S.A. 58-3035(b).
If a licensee receives an advanced listing fee, the money must be turned over to the licensee’s supervising broker. See K.S.A. 58-3062(b)(2).
If a supervising broker receives an advanced listing fee directly or on behalf of an affiliated licensee, the money must be deposited in a trust account pursuant to K.S.A. 58-3061(a), unless all interested parties agree otherwise in writing.
Disciplinary Actions
Revocations, suspensions, and aggregate fines greater than $500 issued 9/15/20 - 11/09/20.
Docket Number
|
Last Name
|
First Name
|
|
License Number
|
Violation
|
Legal Action
|
Effective date
|
21-9093 |
Graves |
Joya |
|
00235288 |
Audit |
Fine |
10/26/20 |
21-9091 |
Korte |
Gari |
|
00231012 |
Audit |
Fine |
10/26/20 |
21-9067 |
Malone |
Douglas |
|
00011974 |
Audit |
Fine |
10/19/20 |
21-9054 |
Monty |
Heather |
|
00237838 |
Prohibited Act |
Fine |
10/26/20 |
21-9044 |
Schulteis |
Ryan |
|
00237647 |
Audit |
Fine |
10/26/20 |
21-9038 |
Stacy |
John |
|
00021469 |
Audit |
Fine |
10/26/20 |
21-9094
|
Williams-Sokanavar
|
Tenecher
|
|
00241452
|
Audit
|
Fine
|
10/26/20
|
|