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Question
Broker Larry is assisting Ms. Smith with the purchase of her first home. After looking at a few properties, Ms. Smith makes an offer, and it is accepted by the seller. The contract allows Ms. Smith to have inspections completed on the property.
The following week, Broker Larry and Ms. Smith meet the inspector at the property. After the inspection was complete, Broker Larry and Ms. Smith were talking in the driveway when the seller returned home. The seller asked about the inspection and how things were going. Eventually the conversation turned to the home’s décor. Ms. Smith commented on the curtains throughout the home. The seller told Broker Larry and Ms. Smith they would leave some of the curtains with the property. This news made Ms. Smith very happy.
The purchase contract did not include any provisions regarding the curtains. Broker Larry did not see the need to add language regarding the curtains because it was such a minor detail and the parties had a verbal agreement.
At the final walk through, Broker Larry and Ms. Smith noticed all but one set of curtains had been removed from the home. When asked about it, the seller said they only agreed to leave the one set of curtains.
The transaction closed, but Ms. Smith was unhappy. She thought the seller would leave a majority of the curtains and felt the seller did not honor the verbal agreement.
Did Broker Larry commit any license law violations?
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Answer
Yes. Kansas law requires licensees to see that the financial obligations and commitments between the parties are in writing, expressing the exact agreement. Broker Larry knew the seller agreed to leave some of the curtains with the property but did not get this agreement in writing. Broker Larry violated 58-3062(a)(11).
58-3062(a)(11). No salesperson or associate broker shall: Fail to see that financial obligations and commitments between the parties to an agreement to sell, exchange or lease real estate are in writing, expressing the exact agreement of the parties or to provide, within a reasonable time, copies thereof to all parties involved.
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