The provisions of this act shall not apply to:
- Any person, other than a person licensed under this act, who directly
performs any of the acts within the scope of this act with reference
to such person's own property.
- Any person who directly performs any of the acts within the scope
of this act with reference to property that such person is authorized
to transfer in any way by a power of attorney from the owner, provided
that such person receives no commission or other compensation, direct
or indirect, for performing any such act.
- Services rendered by an attorney licensed to practice in this state
in performing such attorney's professional duties as an attorney.
- Any person acting as receiver, trustee in bankruptcy, administrator,
executor or guardian, or while acting under a court order or under
the authority of a will or a trust instrument or as a witness in any
judicial proceeding or other proceeding conducted by the state or
any governmental subdivision or agency.
- Any officer or employee of the federal or state government, or
any political subdivision or agency thereof, when performing the official
duties of the officer or employee.
- Any multiple listing service wholly owned by a nonprofit organization
or association of brokers.
- Any nonprofit referral system or organization of brokers formed
for the purpose of referral of prospects for the sale or listing of
- Railroads or other public utilities regulated by the state of Kansas,
or their subsidiaries, affiliated corporations, officers or regular
employees, unless performance of any of the acts described in subsection
(f) of K.S.A. 58-3035, and amendments thereto, is in connection with
the sale, purchase, lease or other disposition of real estate or investment
therein unrelated to the principal business activity of such railroad
or other public utility or affiliated or subsidiary corporation thereof.
- The sale or lease of real estate by an employee of a person, association,
corporation, limited liability company, limited liability partnership,
partnership or professional corporation which owns or leases such
real estate, if such employee owns 5% or greater interest in such
association, limited liability company, limited liability partnership,
partnership or professional corporation or of the stock of such corporation.
- The sale or lease of new homes by a person, association, corporation,
limited liability company, limited liability partnership or professional
corporation who constructed such homes, but the provisions of this
act shall apply to the sale or lease of any such homes by any employee
of such person, association, corporation, limited liability company,
limited liability partnership, partnership or professional corporation
if such employee owns less than 5% interest in such association, limited
liability company, limited liability partnership, partnership or professional
corporation or by any employee of a corporation who owns less than
5% of the stock of such corporation.
- The lease of real estate for agricultural purposes.
(History: L. 1980, ch. 164, § 4; L. 1986, ch. 209, § 16;
L. 1989, ch. 167, § 3; L. 1991, ch. 163, § 1; L. 1995, ch.
252, § 16; L. 1996, ch. 212, § 4; L. 1997, ch. 65, §
6; L. 2002, ch. 82, § 2; L. 2010, ch. 104, § 2; July 1.)