58-30,105. Compensation. - Kansas Statutes

58-30,105

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 30.--REAL ESTATE BROKERS AND SALESPERSONS

      58-30,105.   Compensation.(a) Compensation is presumed to come from the transaction and shall bedetermined by agency or transaction broker agreements entered into pursuantto K.S.A. 58-30,103, and amendments thereto.

      (b)   Payment of compensation by itself shall not establish an agencybetween the party who paid the compensation and the broker or anyaffiliated licensee.

      (c)   In any transaction, the broker's compensation may be paid by theseller, the landlord, the buyer or the tenant. A broker may be compensatedby more than one party for services in a transaction if the parties consentin writing to the multiple payments at or before the time of entering intoa contract to buy, sell or lease.

      (d)   A broker may:

      (1)   Pay a commission or compensation to any licensee affiliated with thebroker for performing services under this act;

      (2)   with the written agreement of the seller, landlord, buyer or tenantshare a commission with another broker who acted as a transaction broker, asubagent or an agent of the other party; and

      (3)   pay a referral fee to a person who is licensed as a broker underthe real estate brokers' and salespersons' license act or under the law ofanother jurisdiction, provided that written disclosure is made to theclient of any financial interest that the broker has in the brokerage firmreceiving the referral fee.

      History:   L. 1995, ch. 252, § 5; Revived, L. 1997, ch. 65, § 30;L. 1997, ch. 65, § 31; Oct. 1.