Kansas Statutes 58-30,111. Imputed knowledge
Terms Used In Kansas Statutes 58-30,111
- 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
- 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
- Client: means a seller, landlord, buyer or tenant who has an agency with a broker. See Kansas Statutes 58-30,102
- Customer: means a seller, landlord, buyer or tenant in a real estate transaction in which a broker is involved but who has not entered into an agency with the broker. See Kansas Statutes 58-30,102
- Licensee: means any person licensed under this act as a broker or salesperson. See Kansas Statutes 58-3035
- Statutory agent: means a seller's agent, a buyer's agent, a landlord's agent, a tenant's agent or a designated agent in a real estate transaction. See Kansas Statutes 58-30,102
- Transaction broker: means a broker who assists one or more parties with a real estate transaction without being an agent or advocate for the interests of any party to such transaction. See Kansas Statutes 58-30,102
(a) A client or customer shall not be liable for a misrepresentation or omission by the client’s statutory agent or the transaction broker arising out of the agency or transaction broker agreement unless the client or customer knew of the misrepresentation or omission.
(b) A statutory agent or transaction broker shall not be liable for a misrepresentation or omission by the agent’s client or the transaction broker’s customer arising out of the agency or transaction broker agreement unless the licensee knew of the misrepresentation or omission.
(c) A statutory agent or transaction broker shall not be liable for an innocent or negligent misrepresentation in information provided to the seller or landlord or to the buyer or tenant if the licensee does not have personal knowledge of the error, inaccuracy or omission that is the basis for the claim of misrepresentation.