K.S.A. » Chapter 58
Kansas Statutes Annotated

K.S.A. § 58-3037 (2026)

Exemptions

✓ current as of May 2026
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58-3037. Exemptions. The provisions of this act shall not apply to:

(a) 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.

(b) 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.

(c) Services rendered by an attorney licensed to practice in this state in performing such attorney's professional duties as an attorney.

(d) 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.

(e) 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.

(f) Any multiple listing service wholly owned by a nonprofit organization or association of brokers.

(g) Any nonprofit referral system or organization of brokers formed for the purpose of referral of prospects for the sale or listing of real estate.

(h) 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.

(i) 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.

(j) 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.

(k) 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.

Notes of Decisions
Cited in 5 cases, 1994–2012 · leading case: Stewart Title of the Midwest, Inc. v. Reece & Nichols Realtors, Inc., 276 P.3d 188 (Kan. 2012).
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Stewart Title of the Midwest, Inc. v. Reece & Nichols Realtors, Inc., 276 P.3d 188 (Kan. 2012). · cites it 16× “58-3036, which begins with the phrase “[ujnless exempt from this act under K.S.A. 58-3037.” Consequently, in contrast to the Texas statute, 58-3062(a)(10) does not absolutely prohibit splitting a fee with any nonlicensee and potentially allows payment of a commission if the…”
Media Servs. Grp., Inc. v. Lesso, Inc., 45 F. Supp. 2d 1237 (D. Kan. 1999). · cites it 5× “K.S.A. 58-3037 (Supp.1998). Noticeably absent from the list of exemptions is any mention of “business broker” transactions or any type of transaction where the real estate portion of the deal was a minimal or “inconsequential” aspect of the entire transaction.”
IAS Partners, Ltd. v. Chambers, 213 P.3d 751 (Kan. Ct. App. 2009). “See K.S.A. 58-3037. Arguably, Hayes is right that Blume should not have been entitled to a finder’s fee simply because he is an attorney — his performance of professional duties as Chambers’ attorney didn’t involve the task of finding a buyer.”
In Re Metcalf Assocs.-2000, LLC, 213 P.3d 751 (Kan. Ct. App. 2009). “See K.S.A. 58-3037. Arguably, Hayes is right that Blume should not have been entitled to a finder's fee simply because he is an attorney—his performance of professional duties as Chambers' attorney didn't involve the task of finding a buyer.”
Woodmont Corp. v. Rockwood Ctr. P'ship, 852 F. Supp. 948 (D. Kan. 1994). “58-3037 and amendments thereto, no person shall: (a) Directly or indirectly engage in or conduct or represent that such person engages in or conducts the business of a broker, associate broker or salesperson within this state unless such person is licensed as such a broker,…”
— K.S.A. § 58-3037(c) — 1 case
Stewart Title of the Midwest, Inc. v. Reece & Nichols Realtors, Inc., 276 P.3d 188 (Kan. 2012). “58-3036, which begins with the phrase “[ujnless exempt from this act under K.S.A. 58-3037.” Consequently, in contrast to the Texas statute, 58-3062(a)(10) does not absolutely prohibit splitting a fee with any nonlicensee and potentially allows payment of a commission if the…”
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