Consumer Resources

• Where can I find information on buying a home?

  The Department of Housing and Urban Development (HUD) has many resources available for home buyers. Visit HUD’s website.

• What is the best way to select a real estate professional?

  Before selecting a real estate professional to assist you, here are a few things you can do to help with your selection:

  • Interview more than one licensee as services may vary
  • Ask the licensee to provide references from past clients and customers
  • Verify licensure through the KREC Licensee Search
  • Explain expectations for services from a real estate professional
  • Read through all documents prior to signing
  • Ask questions – If you do not understand something be sure to ask questions and consult an attorney, when needed.

• Will the real estate professional I work with protect my interests?

  Real estate licensees can assist buyers and sellers in different brokerage relationship capacities, which include buyer’s agent, seller’s agent, or transaction broker. A buyer’s agent protects the interests of the buyer, a seller’s agent protects the interests of the seller, and a transaction broker assists in a neutral role. The type of relationship is not necessarily connected to payment of compensation. Before working with a real estate licensee, make sure you know in which capacity they will be working. To better understand brokerage relationships, see our BRETTA Brochure.

• What is the process of the real estate transaction?

  This is a great question! Not all real estate transactions follow the same process and may vary substantially based on the agreement of the buyer and seller. Be sure to read the entire purchase agreement before you sign it. In addition, ask your real estate professional to go over the process and what you should expect. Speak up and ask questions for things that are unclear. Review Tips for Buyers and Sellers for more information and consult an attorney for any legal questions.

• What additional fees are included in the purchase or sale of real estate?

  Real estate licensees are required to provide the approximate amount of closing costs to the buyer at the time an offer is written and to the seller at the time an offer is presented. Making sure the buyer and seller know the fees and costs associated with buying and selling real estate helps ensure the transaction will close according to the contract.

• What are my rights regarding the appraisal process?

  The Kansas Real Estate Commission does not regulate appraisers. For questions regarding appraisals, please contact the Kansas Real Estate Appraisal Board.

• How do I get the earnest money paid to me from a failed real estate transaction?

  The purchase contract should include the name of the escrow agent. If the escrow agent is a real estate broker, there are three ways for the earnest money to be released: 1) the transaction closes, 2) both buyer and seller agree to the release in writing, or 3) a court order. If the earnest money is held by a third-party escrow agent, such as a title company, check with the escrow company on what is needed to release the money.

• How do I cancel the agreement I signed to allow a real estate licensee to assist me with buying or selling real estate?

  This question is outside of the Kansas Real Estate Commission’s jurisdiction. For assistance with this question, we suggest consulting an attorney.

• What resources are available for buyers and sellers who are not using a real estate professional?

  The Kansas Real Estate Commission has jurisdiction over the license act for real estate brokers and salespersons. This means we do not have the authority to assist buyers and sellers with their real estate transactions. We suggest consulting an attorney when buying or selling real estate without using a real estate professional.

• Can the real estate commission assist me with property management issues?

  No. Leasing property for residential purposes does not fall under the jurisdiction of the Kansas Real Estate Commission. For property management issues, please contact the Housing and Credit Counseling, Inc. and consult an attorney.

• I feel I was discriminated against in connection to a real estate purchase or lease, who should I contact?

  The Department of Housing and Urban Development has jurisdiction over The Fair Housing Act. A complaint can be filed on the HUD website. For other possible remedies, we suggest consulting an attorney.

• Can my agent disclose information I specifically asked not to be disclosed?

  Real estate licensees are required to disclose certain information. Licensees are required to disclose 1) adverse material facts actually known by the licensee about a property, 2) facts known by the licensee that contradict any information included in a written report, 3) the buyer/seller’s ability to perform under the terms of the contract, and 4) interest in the property the licensee is buying or selling, among other things. If the information provided to the licensee is required by law to disclose, then the licensee must make the disclosure.

• Do real estate purchase contracts have to be in writing or is a verbally accepted offer legally binding?

  If a licensee is assisting a buyer or seller in a transaction, then the law requires the exact agreement of the parties to be in writing. For questions regarding purchase contracts for transactions without a real estate licensee’s assistance, we recommend consulting an attorney. 

• Does Kansas require sellers to fill out seller’s property disclosure statements?

  The Kansas Real Estate Commission does not regulate the requirements of a seller (unless they hold a Kansas real estate license). This is a legal question. We recommend consulting an attorney.

• Does the Kansas Real Estate Commission have lawyers on staff to answer consumer questions?

  No, the Commission’s staff is prohibited by law from providing legal advice.

• Does the Kansas Real Estate Commission have purchase contracts consumers can use?

  No, the Kansas Real Estate Commission does not provide purchase contracts. We recommend consulting with a licensed real estate agent or an attorney.

• Does the Kansas Real Estate Commission have the authority to award restitution from a bad real estate transaction?

  No. For questions regarding civil issues from a real estate transaction, we recommend consulting an attorney.

• What information do I as a seller have to disclose?

  The Kansas Real Estate Commission does not regulate the requirements of a seller (unless they hold a Kansas real estate license).  This is a legal question.  We recommend consulting an attorney.