58-30,105. Compensation.
- Compensation is presumed to come from the transaction and shall
be determined by agency or transaction broker agreements entered into
pursuant to K.S.A. 2001 Supp. 58-30,103, and amendments thereto.
- Payment of compensation by itself shall not establish an agency
between the party who paid the compensation and the broker or any
affiliated licensee.
- In any transaction, the broker's compensation may be paid by
the seller, the landlord, the buyer or the tenant. A broker may be
compensated by more than one party for services in a transaction if
the parties consent in writing to the multiple payments at or before
the time of entering into a contract to buy, sell or lease.
- A broker may:
- Pay a commission or compensation to any licensee affiliated
with the broker for performing services under this act;
- with the written agreement of the seller, landlord, buyer or
tenant share a commission with another broker who acted as a transaction
broker, a subagent or an agent of the other party; and
- pay a referral fee to a person who is licensed as a broker
under the real estate brokers' and salespersons' license act or under
the law of another jurisdiction, provided that written disclosure
is made to the client of any financial interest that the broker has
in the brokerage firm receiving the referral fee.
(History: L. 1995, ch. 252, § 5; Revived, L. 1997, ch. 65, §
30; L. 1997, ch. 65, § 31; Oct. 1.)
