Kansas Statutes 58-3040. Nonresident license
Terms Used In Kansas Statutes 58-3040
- Act: means the real estate brokers' and salespersons' license act. See Kansas Statutes 58-3035
- Broker: means an individual, other than a salesperson, who advertises or represents that such individual engages in the business of buying, selling, exchanging or leasing real estate or who, for compensation, engages in any of the following activities as an employee of, or on behalf of, the owner, purchaser, lessor or lessee of real estate:
(1) Sells, exchanges, purchases or leases real estate. See Kansas Statutes 58-3035
- Commission: means the Kansas real estate commission. See Kansas Statutes 58-3035
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensee: means any person licensed under this act as a broker or salesperson. See Kansas Statutes 58-3035
- Real estate: means any interest or estate in land, including any leasehold or condominium, whether corporeal, incorporeal, freehold or nonfreehold and whether the real estate is situated in this state or elsewhere, but does not include oil and gas leases, royalties and other mineral interests, and rights of way and easements acquired for the purpose of constructing roadways, pipelines, conduits, wires and facilities related to these types of improvement projects for private and public utilities, municipalities, federal and state governments, or any political subdivision. See Kansas Statutes 58-3035
- Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
- Salesperson: means an individual, other than an associate broker, who is employed by a broker or is associated with a broker as an independent contractor and participates in any activity described in subsection (f). See Kansas Statutes 58-3035
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) A nonresident of this state may be granted a broker‘s license if:
(1) The nonresident is licensed as a broker in the nonresident’s state of residence; and
(2) the nonresident meets all requirements imposed by this act on Kansas residents for licensure as a broker, except as provided by subsection (e).
(b) A nonresident broker may be granted a salesperson‘s license, if:
(1) The nonresident is licensed as a broker in the nonresident’s state of residence;
(2) the nonresident meets all requirements imposed by this act on Kansas residents for licensure as a broker, except for the requirements of Kan. Stat. Ann. § 58-3039(d) or (e), and amendments thereto, and the nonresident does not qualify for a waiver pursuant to subsection (e); and
(3) the nonresident submits the certification described in Kan. Stat. Ann. § 58-3039(h), and amendments thereto.
(c) A nonresident salesperson employed by or associated with a broker licensed pursuant to this act may be granted a salesperson’s license under the broker, if:
(1) The salesperson is licensed as a salesperson in the salesperson’s state of residence; and
(2) the salesperson meets all requirements imposed by this act on Kansas residents for licensure as a salesperson, except as provided by subsection (f).
(d) The commission may enter into agreements with other jurisdictions as to the issuance of reciprocal licenses.
(e) The commission may waive the education provided by Kan. Stat. Ann. § 58-3046a(b), and amendments thereto, the examination provided by Kan. Stat. Ann. § 58-3039, and amendments thereto, and the experience provided by Kan. Stat. Ann. § 58-3039(d) or (e), and amendments thereto, and issue an original broker’s license to a nonresident or to a Kansas resident who holds a broker’s license issued by another jurisdiction if, in the judgment of the commission, the applicant received equivalent education, passed an equivalent examination and obtained equivalent experience. The applicant shall meet all other requirements imposed by this act.
(f) The commission may waive the education provided by Kan. Stat. Ann. § 58-3046a(a), and amendments thereto, and the examination provided by Kan. Stat. Ann. § 58-3039, and amendments thereto, and issue an original salesperson’s license to a nonresident or to a Kansas resident who holds a license issued by another jurisdiction if, in the judgment of the commission, the applicant received equivalent education and passed an equivalent examination. The applicant shall meet all other requirements imposed by this act.
(g) Prior to the issuance of a license to a nonresident, the applicant must agree in writing to abide by all provisions of this act with respect to the applicant’s real estate activities within the state and submit to the jurisdiction of the commission and the state in all matters relating thereto. The agreement shall be filed with the commission and shall remain in force for so long as the nonresident is licensed by this state and thereafter with respect to acts or omissions committed while licensed as a nonresident.
(h) A nonresident licensed under this section shall be entitled to the same rights and subject to the same obligations as are provided in this act for Kansas residents, except that revocation or suspension of a nonresident’s license in the nonresident’s state of residence shall automatically cause the same revocation or suspension of the nonresident’s license issued under this act. No hearing shall be granted to a nonresident licensee whose license is subject to the automatic revocation or suspension except for the purpose of establishing the fact of revocation or suspension of the nonresident’s license by the nonresident’s state of residence.