Regulation Changes
The Commission adopted several regulation changes effective April 23, 2021. A brief summary includes:
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K.A.R. 86-3-10. Retention of records. The amendments clarify requirements for records to be retained by Kansas licensed brokers.
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K.A.R. 86-3-18. Trust account records. The amendments clarify requirements for trust account records and include a section related to closing a trust account previously in K.A.R. 86-3-21.
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K.A.R. 86-3-21 is revoked due to obsolete language related to documentation requirements and a subsection being moved to K.A.R. 86-3-18 for consistency.
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K.A.R. 86-3-22. Transaction identification. The amendments simplify transaction identification numbering procedures related to broker records. Instead of requiring numbering based on contract date, the broker can assign any number if it is unique to the transaction.
This quick video shows how to search the newly indexed Commission statutes, rules, and regulations by title or keyword.
New Commission Member
Jaci Kelly was appointed in April 2021 to serve as the Public Member representative to the Commission.
Mrs. Kelly holds the title of City Attorney for the City of Bel Aire and has been a Kansan for 11 years. She earned a Bachelor's in Political Science from the University of Mary Washington and Juris Doctorate from Washburn University. Before going to law school, she was a technology analyst for the Department of Defense in Suffolk, Virginia. When her husband's military career moved their family to McConnell Air Force Base in 2010, Ms. Kelly attended Washburn Law School, interned at the US Attorney’s Office, and volunteered supporting fellow spouses. Once she graduated from law school, their family decided to put down roots in Kansas. She served as a prosecutor for the Sedgwick County District Attorney's office.
In 2017 Ms. Kelly became City Attorney for the City of Bel Aire where she advises the Governing Body as they review City land sales contracts, planning and zoning matters, human resources, and all the robust economic development going on in Bel Aire. She and her husband stay busy with their amazing teenagers and they enjoy family trips and game nights. She serves on several community boards and committees including PBS Kansas, Credit Union of America’s Supervisory Committee, and as a McConnell Air Force Base Honorary Commander.
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Keep Compliant: Consult Your Supervising Broker
On occasion challenges may arise with a difficult transaction. Your supervising broker is responsible for the actions of their affiliated licensees and should be your first go-to when issues arise. Your supervising broker has the experience, training, and education to help you stay compliant with license laws.
For example, maybe you are a designated seller’s agent for a difficult seller. You are still required to perform the terms of the written agreement made with that seller. If you avoid your client and quit performing the duties of the written agency agreement you could be violating BRRETA. Your supervising broker can mediate the difficult situation or may be able to step in and assist with issues to help the transaction close.
What if you realize your license has expired? Performing real estate activities with an expired license violates the license laws. You should immediately inform your supervising broker when your license expires. Your supervising broker may be able to assist with your current buyers and sellers until your license is renewed.
The supervising broker is responsible for ensuring all his or her affiliated agents are following the license laws and staying in compliance with the rules and regulations. As a licensee, statute K.S.A. 58-3062(b)(5)(B) states no salesperson or associate broker shall perform any activity for which a license is required outside the supervision of the supervising broker or branch broker.
Your supervising broker is required to be available for timely communication. Keeping affiliated licensees in compliance also helps the supervising brokers stay in compliance.
Deadline to Renew with License Extension
Executive Order No. 21-09 extended certain license expiration dates to May 28, 2021.
All complete renewal applications for licenses that were to expire from April 30, 2020 to May 1, 2021 will be considered timely if received by the Commission on or before May 28, 2021. The Commission will consider the renewal application late if it is received after May 28, 2021 and a late fee will apply to applicants attempting renewal under those circumstances pursuant to K.S.A. 58-3045(c).
Login to E-Gov to check CE and renew your license. Brokers, check license expiration dates for affiliated licensees by generating a current roster here.
Please note: When the extension of licenses ends, you are responsible for completing CE and renewing your license in the next renewal cycle per the regular schedule. Accepting the extension does not change a license expiration date. For example, if your original license expiration date was 02/01/21 and, under the executive order, you did not renew until 03/15/21 you will need to renew by 02/01/23.
Disciplinary Actions
Revocations, suspensions, and aggregate fines greater than $500 issued 03/23/21 - 04/26/21.
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Docket Number
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Last
Name
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First
Name
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License Number
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Violation
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Legal Action
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Effective Date
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21-9181
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Alvarez-Rodriguez
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Jesus
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00243644
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Failure to Report
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Suspension
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04/06/21
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21-9555
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Benson
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Daniel
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00243006
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Failure to Report
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Suspension
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04/27/21
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21-9548
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Edwards
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Zachariah
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00242988
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Audit
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Fine
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04/27/21
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21-9547
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Emery
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Shannon
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00225695
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Audit
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Fine
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04/27/21
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21-9529
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Hodge
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Lesley
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00219762
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Advertising
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Fine
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04/05/21
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21-9531
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Huff
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Bryan
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00228927
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BRRETA
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Fine
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04/26/21
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21-9537
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Klamm
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Michael
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00042396
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Audit
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Fine
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04/27/21
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21-9519
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Meddaugh
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Whitney
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00053049
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Failure to Supervise
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Fine
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04/05/21
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21-9578
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Powers
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Sisomphone
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00230990
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Felony Conviction
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Revocation
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04/26/21
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21-9520
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Rivera
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Brian
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00239969
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Prohibited Act
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Fine
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04/16/21
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