Kansas Real Estate Commission

File a Complaint against a Licensee

The following information will explain the necessary procedures for writing a letter of complaint to the Kansas Real Estate Commission.

The Commission will accept written complaints involving Kansas real estate licensees, i.e., brokers and salespersons. If you need assistance submitting a complaint contact the Commission at (785) 296-3411. We will also accept written complaints involving unlicensed persons who are involved in real estate activities that require licensure.

Kansas Real Estate Commission
Three Townsite Plaza Suite 200
120 SE 6th Avenue
Topeka KS 66603-3511
Fax (785) 296-1771
E-Mail David.Pierce@krec.state.ks.us

What the Commission Can and Cannot Do

The Real Estate Commission is a regulatory agency. As such, we enforce an administrative license law. We have authority to take disciplinary action against the license, including but not limited to, imposition of fines, suspension, revocation or placement of conditions on the licensee. We will refer cases involving unlicensed persons conducting real estate activities to the appropriate criminal authority. We have no authority to enforce or rescind contractual agreements between principals. Nor do we have the authority to adjudicate civil matters, collect moneys, recover losses, award damages, or determine civil liabilities and culpabilities.

Kansas law prohibits the Commission and its staff from providing legal advice.

You may need to consult with private counsel about your rights under the civil code and common law and as to any possible remedies that may be available to you.

The issues raised in your complaint may also fall within the jurisdiction of the Kansas Association of Realtors (KAR). KAR is a trade association that is not affiliated in any way with the Commission. KAR has jurisdiction over the "ethics" and "standards of practice" of its members. Not all real estate licensees are members of KAR. Click here Kansas Association of Realtors consumer information to check whether a licensee is a member of KAR (click on Consumers and then click Find a Kansas Realtor) and to obtain information on filing an ethics complaint with the trade association.

Information Needed to File a Complaint with the Commission

A letter of complaint from the public may be either typed or handwritten (legible please). We also accept the initial complaint via e-mail, but documentation that we may request to support your complaint will need to be submitted by mail.

From your perspective, the letter should state:

This is who I am - buyer or seller
This is what I think my problem(s) is (are), and why
The name(s) of the licensee(s) involved is (are)

Include copies of documents, such as:

agency agreement(if you were represented by an agent in the transaction, the listing agreement or buyer agency agreement)
transaction broker agreement (if you had a written agreement with a licensee to work with you as a transaction broker)
offers, contracts, amendments, addenda
closing statements
any other documents you deem pertinent

Inquiries

When we receive your letter, an acknowledgment letter will be mailed to you. We will notify you if it appears the matter does not fall within the jurisdiction of the Commission.

If we believe the matter is within our jurisdiction, inquiries will be made. Depending on results of the investigation:

the licensee may be cited and administrative remedies imposed
the matter may be resolved by an agreement between the Commission and the licensee
a determination may be made to close the file and initiate no disciplinary proceedings against the licensee

Please be patient. The investigation process may take anywhere from a few weeks to several months, depending on the nature and complexity of the matter in question. A disciplinary committee meets once a month to review investigation findings and determine whether disciplinary action is appropriate.You will be informed of the disposition of the complaint.

Hearings

A hearing may be held if the licensee does not agree with the agency's findings that a violation of the license law occurred. A "Notice of Hearing" will be issued to the licensee. The Notice informs the licensee of the allegations.

A hearing is conducted by a presiding officer. The presiding officer will hear the testimony of the parties and witnesses. The presiding officer will review relevant evidence submitted by the parties. At the conclusion of the hearing, the presiding officer issues an order to set out the findings of fact and conclusions of law. Hearings are held in accordance with the Kansas administrative procedure act.

It may be found that no violation of the license law occurred and the complaint is dismissed. If it is found that a violation of the license law did occur, disciplinary actions which may be taken include:

Censure of licensee
Restriction of license
Suspension of license
Revocation of license
Assessment of fine against licensee
Conditioning of license

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Seek Compensation from a Recovery Fund

The Commission administers the real estate recovery revolving fund. The purpose of the recovery fund is to reimburse persons who suffer monetary damages because of the actions of real estate licensees in the sale of real estate. A claimant must have received a final court judgment in a Kansas court and be unable to collect the judgment before a claim can be made against the recovery fund. An order of payment from the fund must be issued by the court before a claim can be paid out of the recovery fund.

Payments for claims arising out of the same transaction are limited to $15,000, regardless of the number of claimants or parcels of real estate involved in the transaction.

Further information on persons qualified to recover, limitations, and conditions may be found in K.S.A. 58-3066 et seq. Click below to view the statute.

K.S.A. 58-3066 et seq.