History: L. 2005, ch. 179, § 1; July 1.
(a) "Commercial real estate" means any real estate and any interest therein, except:
(1) Real estate containing one to four residential units;
(2) real estate containing single-family residential units such as condominiums, townhouses or homes in a subdivision when sold, leased or otherwise conveyed on a unit by unit basis, even though these units may be a part of a larger building or parcel of real estate containing more than four residential units;
(3) real estate on which no buildings or structures are located and which is zoned for single-family residential use; or
(4) real estate used for agricultural purposes.
(b) "Compensation" means all amounts to be paid to a broker for services provided under a written agreement including, but not limited to, the broker's commission and any brokerage, management, consulting or other fees.
(c) "Services" means any act or service for which compensation is paid and the performance of which requires a license under the real estate brokers' and salespersons' license act.
(d) Words and phrases used in this act, unless provided otherwise have the meanings ascribed thereto in K.S.A. 58-3035, and amendments thereto.
History: L. 2005, ch. 179, § 2; July 1.
(1) Such real estate is listed with the broker under terms of a written agreement signed by the owner or the owner's agent; and
(2) the broker or salespersons retained by the broker have provided services that resulted in the procuring of a person or entity ready, willing and able to purchase, lease or otherwise accept a conveyance of the commercial real estate as provided by such agreement which were otherwise acceptable to the owner or owner's agent as evidenced by a written agreement signed by the owner or the owner's agent.
(b) A broker also shall have a lien on such commercial real estate if the broker has a written agreement with a person to represent such person in the purchase, lease or other conveyance to the buyer of such real estate when the broker becomes entitled to compensation pursuant to the written agreement.
History: L. 2005, ch. 179, § 3; July 1.
History: L. 2005, ch. 179, § 4; July 1.
(a) The broker procures a person or entity ready, willing and able to purchase, lease or otherwise accept a conveyance of such real estate upon the terms set forth in the written agreement with the owner or terms otherwise acceptable to the owner or owner's agent, or the broker is entitled to a fee or commission pursuant to a written agreement signed by the owner or the owner's agent; and
(b) the broker records a notice of the lien in the office of the register of deeds of the county in which the commercial real estate is located so long as such lien is filed prior to the actual conveyance or transfer of the commercial real estate subject to such broker's lien.
History: L. 2005, ch. 179, § 5; July 1.
History: L. 2005, ch. 179, § 6; July 1.
History: L. 2005, ch. 179, § 7; July 1.
History: L. 2005, ch. 179, § 8; July 1.
History: L. 2005, ch. 179, § 9; July 1.
History: L. 2005, ch. 179, § 10; July 1.
History: L. 2005, ch. 179, § 11; July 1.
History: L. 2005, ch. 179, § 12; July 1.
(b) The broker's lien shall be unenforceable if mailing or service of a copy of notice of lien does not occur at the time and in the matter required by this section. The broker's lien is void if the broker does not record the lien as provided in this act.
History: L. 2005, ch. 179, § 13; July 1.
(b) A foreclosure petition shall contain the name of the broker and the broker's license number, the name of the owner or owners of the real estate, a statement of the terms of the contract or agreement on which the lien is based, the date when the contract or agreement was made, a description of the services performed, the amount due and unpaid, a description of the real estate that is subject to the lien and any other facts necessary for a full understanding of the rights of the parties. The plaintiff shall file the action against all known parties who have an interest in such real estate. A foreclosure action for a lien claimed pursuant to this act shall be brought in the manner provided by article 24 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
(c) Any valid prior recorded liens or mortgages shall have priority over a real estate broker's lien.
History: L. 2005, ch. 179, § 14; July 1.
History: L. 2005, ch. 179, § 15; July 1.
History: L. 2005, ch. 179, § 16; July 1.
(1) An owner or the owner's heirs or assigns or anyone acting for such owner, heirs or assigns;
(2) an owner of real estate upon which a lien has been recorded by someone having no legitimate claim in the real estate; or
(3) a lender or designated closing agent acting as a closing agent in the sale, financing or refinancing of the real estate subject to such lien.
(b) Any broker or assignee of a broker who refuses or neglects to enter satisfaction or release of such lien within 20 days after demand has been made as provided in subsection (a) shall be liable to the person for whom the demand was made in the sum of $500 as a civil penalty, together with a reasonable attorney's fee for preparing and prosecuting the action. The plaintiff in such action may recover any additional damages that the evidence in the case warrants. Civil actions may be brought under this section before any court of competent jurisdiction, and attachments may be had as in other cases.
History: L. 2005, ch. 179, § 17; July 1.
History: L. 2005, ch. 179, § 18; July 1.