Kansas Statutes 58-30a03. Amount of lien; conditions
Terms Used In Kansas Statutes 58-30a03
- Commercial real estate: means any real estate and any interest therein, except:
(1) Real estate containing one to four residential units;
(2) real estate containing single-family residential units such as condominiums, townhouses or homes in a subdivision when sold, leased or otherwise conveyed on a unit by unit basis, even though these units may be a part of a larger building or parcel of real estate containing more than four residential units;
(3) real estate on which no buildings or structures are located and which is zoned for single-family residential use; or
(4) real estate used for agricultural purposes. See Kansas Statutes 58-30a02
- Compensation: means all amounts to be paid to a broker for services provided under a written agreement including, but not limited to, the broker's commission and any brokerage, management, consulting or other fees. See Kansas Statutes 58-30a02
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Services: means any act or service for which compensation is paid and the performance of which requires a license under the real estate brokers' and salespersons' license act. See Kansas Statutes 58-30a02
(a) Any broker shall have a lien on commercial real estate in the amount of the compensation as agreed upon by the broker and the owner or the owner’s agent, if:
(1) Such real estate is listed with the broker under terms of a written agreement signed by the owner or the owner’s agent; and
(2) the broker or salespersons retained by the broker have provided services that resulted in the procuring of a person or entity ready, willing and able to purchase, lease or otherwise accept a conveyance of the commercial real estate as provided by such agreement which were otherwise acceptable to the owner or owner’s agent as evidenced by a written agreement signed by the owner or the owner’s agent.
(b) A broker also shall have a lien on such commercial real estate if the broker has a written agreement with a person to represent such person in the purchase, lease or other conveyance to the buyer, lessee or grantee of such real estate when the broker becomes entitled to compensation pursuant to the written agreement.