Kansas Statutes Annotated

K.S.A. § 58-3038 (2026)

Licensure required for recovery of compensation for services; exceptions

✓ current as of May 2026

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58-3038. Licensure required for recovery of compensation for services; exceptions. (a) Except as provided by subsection (b), no action shall be instituted or recovery be had in any court of this state by any person for compensation for any act or service, the performance of which requires a license under this act, unless such person was duly licensed under this act at the time of offering to perform any such act or service or procuring any promise to contract for the payment of compensation for any such contemplated act or service.

(b) Subsection (a) shall not apply to associations, corporations, limited liability companies, limited liability partnerships, partnerships or professional corporations whose partners, members, officers and employees are licensed as provided by subsection (b) of K.S.A. 58-3042, and amendments thereto.

(c) Except as provided by K.S.A. 58-3076, and amendments thereto, nothing herein shall preclude a person who is properly licensed as a broker or salesperson in another jurisdiction from collecting a referral fee.

History: L. 1980, ch. 164, § 5; L. 1986, ch. 209, § 2; L. 2000, ch. 102, § 3; L. 2010, ch. 104, § 3; July 1.

Notes of Decisions

Cited in 2 cases, 1994–1999 · leading case: Media Servs. Grp., Inc. v. Lesso, Inc., 45 F. Supp. 2d 1237 (D. Kan. 1999).

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Media Servs. Grp., Inc. v. Lesso, Inc., 45 F. Supp. 2d 1237 (D. Kan. 1999). · cites it 2× “§ 58-3038 (of the Kansas Brokers’ License Act) states “that no action can be instituted or recovery be had for compensation for any service for which a license is required unless the person seeking recovery is licensed,” not “that an unlicensed person is completely barred from…”

Woodmont Corp. v. Rockwood Ctr. P'ship, 852 F. Supp. 948 (D. Kan. 1994). · cites it 2× “The statute upon which defendants rely for their “complete bar” position, K.S.A. 58-3038, supra, p. 9, does not say that an unlicensed person is completely barred from suing in Kansas.”

— K.S.A. § 58-3038(a) — 1 case

Woodmont Corp. v. Rockwood Ctr. P'ship, 852 F. Supp. 948 (D. Kan. 1994). “The statute upon which defendants rely for their “complete bar” position, K.S.A. 58-3038, supra, p. 9, does not say that an unlicensed person is completely barred from suing in Kansas.”

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