4.2 Kansas License Violations
Key Takeaways
- KREC can investigate complaints and take disciplinary action against licensees for violations
- Grounds for discipline include misrepresentation, fraud, incompetence, and failure to supervise
- Disciplinary actions range from reprimand and fines to license suspension and revocation
- Criminal conviction for felony or real estate-related crime is grounds for discipline
- Practicing without a license is a criminal offense in Kansas
Last updated: January 2026
KREC has authority to investigate complaints and discipline licensees who violate Kansas real estate law. Understanding prohibited conduct helps avoid violations.
Grounds for Disciplinary Action
Misrepresentation and Fraud
| Violation | Examples |
|---|---|
| Misrepresentation | False statements about property |
| Fraud | Intentional deception for gain |
| Concealment | Hiding material facts |
| False advertising | Misleading property ads |
Professional Misconduct
| Violation | Examples |
|---|---|
| Incompetence | Lack of knowledge or skill |
| Negligence | Failure to exercise care |
| Untrustworthy conduct | Actions showing dishonesty |
| Breach of fiduciary duty | Violating client trust |
License Law Violations
| Violation | Examples |
|---|---|
| Practicing without license | Unlicensed activity |
| Failure to supervise | Broker not overseeing salesperson |
| Trust account violations | Commingling, conversion |
| Advertising violations | Blind ads, misleading claims |
Criminal Conduct
| Violation | Effect |
|---|---|
| Felony conviction | Grounds for discipline |
| Real estate crime | Automatic consideration |
| Fraud conviction | Likely revocation |
| Theft conviction | Grounds for revocation |
Specific Prohibited Acts
Acts Constituting Violations
| Prohibited Act | Description |
|---|---|
| Undisclosed dual agency | Acting for both without consent |
| Secret profits | Undisclosed compensation |
| Discrimination | Fair housing violations |
| Kickbacks | Undisclosed payments |
| Unauthorized practice of law | Drafting legal documents |
KREC Investigation Process
How Complaints Are Filed
| Method | Details |
|---|---|
| Written complaint | Filed with KREC |
| Online submission | Through KREC website |
| Phone report | Initial contact, written follow-up |
Investigation Steps
| Step | Process |
|---|---|
| 1. Complaint received | KREC reviews for jurisdiction |
| 2. Investigation opened | If grounds exist |
| 3. Gather evidence | Documents, interviews |
| 4. Licensee response | Opportunity to respond |
| 5. Determination | Finding of violation or dismissal |
| 6. Disciplinary action | If violation found |
Licensee Rights
| Right | Description |
|---|---|
| Notice | Informed of complaint |
| Response | Opportunity to answer |
| Hearing | Due process if contested |
| Appeal | Right to appeal decision |
| Representation | May have attorney |
Disciplinary Actions
Types of Discipline
| Action | Description |
|---|---|
| Reprimand | Formal warning on record |
| Probation | Conditional license |
| Fine | Civil penalty |
| Suspension | Temporary loss of license |
| Revocation | Permanent loss of license |
| Denial | Refusal to issue license |
Factors in Discipline
| Factor | Consideration |
|---|---|
| Severity of violation | How serious was the conduct |
| Harm to public | Did consumers suffer |
| Prior violations | Previous disciplinary history |
| Cooperation | Did licensee assist investigation |
| Mitigating factors | Circumstances reducing culpability |
Criminal Penalties
Practicing Without a License
| Violation | Penalty |
|---|---|
| First offense | Misdemeanor |
| Subsequent | May be felony |
| Fines | Up to statutory limits |
| Jail | Possible incarceration |
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Test Your Knowledge
Which of the following is grounds for disciplinary action in Kansas?
A
B
C
D
Test Your Knowledge
What is the most severe disciplinary action KREC can take?
A
B
C
D