Key Takeaways
- Kansas salespersons must work under the supervision of a licensed supervising broker
- The supervising broker is responsible for the salesperson's real estate activities and proper supervision
- All commission payments must flow through the supervising broker to the salesperson
- Brokers must maintain adequate supervision of all licensees and branch offices
- A salesperson's license becomes inactive when they leave a supervising broker
Supervision and Broker Responsibilities
In Kansas, salespersons cannot work independently—they must be supervised by a licensed broker to have an active license.
Supervision Requirements
What is a Supervising Broker?
A supervising broker is the licensed broker who:
- Activates the salesperson's license
- Supervises the salesperson's activities
- Is responsible for the salesperson's conduct
- Pays all commissions to the salesperson
Supervision Rules
| Rule | Description |
|---|---|
| Active license required | Broker must be actively licensed in Kansas |
| Direct supervision | Must provide adequate oversight |
| One supervisor only | Cannot work for multiple brokers simultaneously |
| KREC notification | Broker changes must be reported to KREC |
When Supervision Ends
When a salesperson leaves a broker:
- License becomes inactive immediately
- Salesperson cannot practice until new broker found
- Must find new supervising broker to reactivate
- Must notify KREC of change
Key Point: An inactive license is still valid—the salesperson just cannot practice real estate until properly supervised again.
Broker Supervision Responsibilities
Required Supervision
Kansas brokers must provide adequate supervision of salespersons, including:
| Area | Requirements |
|---|---|
| Transactions | Review and approve all contracts and documents |
| Advertising | Approve all marketing materials |
| Trust funds | Ensure proper handling of client money |
| Education | Verify completion of required training |
| Conduct | Monitor for ethical violations |
Branch Office Supervision
If a broker operates multiple offices:
| Requirement | Details |
|---|---|
| Branch license | Each branch must be licensed |
| Branch broker | May designate associate broker to supervise |
| KREC notification | All branches must be registered |
Commission Payment Rules
All Commissions Through Broker
Kansas law requires that all commissions must flow through the broker:
| Allowed | Not Allowed |
|---|---|
| Broker pays salesperson | Client pays salesperson directly |
| Broker receives from cooperating broker | Salesperson receives from other broker |
| Salesperson receives from supervising broker | Salesperson bills client for services |
Commission Disputes
- Commission disputes are civil matters, not KREC violations
- KREC does not resolve commission disputes between parties
- Disputes must be resolved in court or through mediation
Broker Liability
Vicarious Liability
The supervising broker is vicariously liable for the salesperson's:
- Misrepresentations and fraud
- Failure to disclose material facts
- Trust fund violations
- Advertising violations
Broker Defenses
A broker may limit liability by demonstrating:
- Adequate supervision policies were in place
- Salesperson acted outside scope of authority
- Broker had no knowledge of misconduct
License Display Requirements
Kansas requires proper license display:
| Document | Requirement |
|---|---|
| Broker license | Displayed at principal office |
| Branch license | Displayed at branch location |
| Salesperson license | Maintained at supervising broker's office |
| Pocket card | Salesperson must carry while practicing |
What happens to a Kansas salesperson's license when they leave their supervising broker?
In Kansas, who is allowed to pay a commission directly to a salesperson?