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Practice Of Real EstateLicense_lawHARD

Broker Kevin holds a Kansas real estate license and is also a licensed attorney in Kansas. A client asks Kevin to handle both the legal aspects and the real estate brokerage aspects of a property sale. Kevin agrees and charges a single combined fee. Under Kansas law, which of the following most accurately describes Kevin's situation?

Correct Answer

D) Kevin must disclose to all parties that he is acting in a dual capacity as both attorney and broker, and his real estate activities remain subject to KREC jurisdiction

Under Kansas law, holding an attorney license does not exempt a person from KREC jurisdiction when they are performing real estate brokerage activities. Kevin's real estate activities remain fully subject to KREC regulation and the Kansas Real Estate Brokers' and Salespersons' License Act. When acting in a dual capacity, disclosure to all parties is required to avoid conflicts of interest and to ensure transparency, consistent with Kansas licensing and agency law principles.

Answer Options
A
Kevin may act in both capacities freely because licensed attorneys are exempt from all KREC regulations when practicing law
B
Kevin's attorney license automatically supersedes his broker license, so KREC has no authority over his conduct in this transaction
C
Kevin may only charge for one service and must choose to act as either attorney or broker, but not both, in any single transaction
D
Kevin must disclose to all parties that he is acting in a dual capacity as both attorney and broker, and his real estate activities remain subject to KREC jurisdiction

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Related Topics & Key Terms

Key Terms:

attorney_exemptionkrec_jurisdictiondual_capacitydisclosure

Related Concepts

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

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