Kansas Statutes 58-3086. Advertising; prohibitions; requirements of; information disclosed; filing of agreements
Terms Used In Kansas Statutes 58-3086
- Act: means the real estate brokers' and salespersons' license act. See Kansas Statutes 58-3035
- Agency: means every relationship in which a broker acts for or represents another, by the latter's express written authority, in a real estate transaction. See Kansas Statutes 58-30,102
- Associate broker: means an individual who has a broker's license and who is employed by another broker or is associated with another broker as an independent contractor and participates in any activity described in subsection (f). See Kansas Statutes 58-3035
- Branch broker: means an individual who has a broker's license and who has been designated to supervise a branch office and the activities of salespersons and associate brokers assigned to the branch office. See Kansas Statutes 58-3035
- Branch office: means a place of business other than the principal place of business of a broker. 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
- Exchange: means a type of sale or purchase of real estate. See Kansas Statutes 58-3035
- Interest: means : (1) Having any type of ownership in the real estate involved in the transaction; or (2) an officer, member, partner or shareholder of any entity that owns such real estate excluding an ownership interest of less than 5% in a publicly traded entity. See Kansas Statutes 58-3035
- Licensee: means any person licensed under this act as a broker or salesperson. See Kansas Statutes 58-3035
- Office: means any permanent location where one or more licensees regularly conduct real estate business as described in subsection (f) or a location that is held out as an office. See Kansas Statutes 58-3035
- Primary office: means a supervising broker's principal place of business for each company created or established by the broker. See Kansas Statutes 58-3035
- Property: includes personal and real property. See Kansas Statutes 77-201
- 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
- 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
- Supervising broker: means an individual, other than a branch broker, who has a broker's license and who has been designated as the broker who is responsible for the supervision of the primary office of a broker and the activities of salespersons and associate brokers who are assigned to such office and all of whom are licensed pursuant to subsection (b) of Kan. See Kansas Statutes 58-3035
(a) No licensee shall use any promotion or advertisement in any type of media that:
(1) Is misleading or inaccurate as to any material fact or that in any way misrepresents any property, terms, values, policies or services of the business conducted;
(2) includes the trade name, trademark, collective membership mark, service mark or logo of any organization owning such name, mark or logo without being authorized to do so;
(3) includes an office where real estate activity is conducted that is not designated as a primary office or branch office with the commission; or
(4) promotes the licensee’s business in a manner that could confuse or mislead the public by using terms or a trade name or a business name that could be construed as the trade name or business name of a supervising broker.
(b) Except as specified by subsection (c), all advertising conducted by a licensee shall:
(A) Be conducted under the direct supervision of the supervising broker or branch broker;
(B) include the name of the supervising broker’s trade name or business name by prominently and conspicuously displaying or announcing the supervising broker’s trade name or business name in a readable and identifiable manner; and
(C) include any other information that the supervising broker or branch broker considers necessary.
(c) The advertising of property for sale, lease or exchange shall not be required to include the supervising broker’s trade name or business name if the property is not listed with a broker and if either of the following conditions is met:
(1) The property is personally owned by a licensee; or
(2) a licensee has an interest in the property.
(d) If authorized by the supervising broker or the branch broker, an employed or associated salesperson or associate broker may include in the advertisement:
(1) The contact information for the employed or associated salesperson or associate broker;
(2) a name or team name which cannot be construed as a supervising broker’s trade name or business name;
(3) a slogan which does not include terms that are confusing to the public or which cannot be construed as a supervising broker’s trade name or business name; and
(4) a domain name or website which does not include terms that are confusing to the public or which cannot be construed as a supervising broker’s trade name or business name.
(e) Unless property personally owned by a licensee or in which a licensee has an interest is listed with a supervising broker or branch broker, all advertising caused by the licensee regarding the property shall be done in a manner that clearly informs the public that a real estate licensee is the owner of or has an interest in the property advertised.
(f) If a licensee does not have a buyer’s agency agreement and is soliciting property for purchase for the benefit of the licensee or an entity in which the licensee has an interest, all advertising by the licensee that contains a solicitation to purchase property from potential sellers shall clearly inform the public that a real estate licensee is involved in the solicitation of potential sellers of property.
(g) Each supervising broker who enters into an agreement that authorizes the supervising broker to utilize the name or trade name of any person or entity in the conduct of the supervising broker’s real estate business shall file a copy of the agreement with the commission.
(h) This section shall be part of and supplemental to the real estate brokers’ and salespersons’ license act.