Laws to Know

Please Note: This is in no way intended to be a comprehensive list of all the relevant laws that may affect the real estate industry. If you have questions about relevant laws and how they may affect you or your business please seek the advice of an attorney.

Fair Housing

The sale and purchase of a home are one of the most significant events that any person will experience in his or her lifetime. It is more than the simple purchase of housing, for it includes the hopes, dreams, aspirations, and economic destiny of those involved.

Real Estate Laws

Civil Rights Act of 1866: The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.

Fair Housing Act: The Fair Housing Act declares a national policy of fair housing throughout the United States. The law makes illegal any discrimination in the sale, lease, or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.

Americans with Disabilities Act: Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.

Equal Credit Opportunity Act: The Equal Credit Opportunity Act makes discrimination unlawful concerning any aspect of a credit application based on race, color, religion, national origin, sex, marital status, age, or because all or part of the applicant’s income derives from any public assistance program.

Kansas State and Local Laws: State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.

Responsibilities by Law

For the Home Seller: As a home seller or landlord, you have a responsibility and a requirement under the law not to discriminate in the sale, rental, and financing of property based on race, color, religion, sex, disability, familial status, or national origin. You cannot instruct a licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental because the real estate professional is also bound by law not to discriminate. Under the law, a home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental; deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national origin.

For the Home Buyer: You have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin.

This includes the right to expect:

• Housing in your price range made available to you without discrimination
• Equal professional service
• The opportunity to consider a broad range of housing choices
• No discriminatory limitations on communities or locations of housing
• No discrimination in the financing, appraising, or insuring of housing
• Reasonable accommodations in rules, practices, and procedures for persons with disabilities
• Non-discriminatory terms and conditions for the sale, rental, financing, or insuring of a dwelling
• To be free from harassment or intimidation for exercising your fair housing rights

For the Real Estate Professional: Agents in a real estate transaction are prohibited by law from discriminating based on race, color, religion, sex, handicap, familial status, or national origin. A request from the home seller or landlord to act in a discriminatory manner in the sale, lease or rental cannot legally be fulfilled by the real estate professional.

Access The REALTOR^® Fair Housing Program

If You Suspect Discrimination

Contact the Local Association of REALTORS^® and the U.S. Department of Housing and Urban Development: Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development.

City of Wichita Sign Code

Here is the latest version of the RSCK Sign Placement Guide.

Please Remember: Signs are to be placed on private property only. Never on public property, in medians, directly adjacent to the road, or hung on poles.

Mandatory Disclosure of Kansas Radon Website

In 2008 the Kansas Legislature adopted House Bill No. 2772 which requires each contract for the sale of residential real property to contain the following language:

"Every buyer of residential real property is notified that the property may present exposure to dangerous concentrations of indoor radon gas that may place occupants at risk of developing radon-induced lung cancer." Radon, a class-A human carcinogen, is the leading cause of lung cancers in non-smokers and the second leading cause overall. Kansas law requires sellers to disclose any information known to the seller that shows elevated concentrations of radon gas in residential real property. The Kansas department of health and environment recommends all home-buyers have an indoor radon test performed before purchasing or taking occupancy of residential real property. All testing for radon should be conducted by a radon measurement technician. Elevated radon concentrations can be easily reduced by a radon mitigation technician. For additional information go to www.kansasradonprogram.org.

 Key Notes:

• This requirement will go into place on July 1, 2009
• The exact language in the statute must be included in the contract

Mandatory Disclosure of KBI Website

In 2007 the Kansas Legislature adopted legislation mandating the disclosure of the KBI website.

Kansas Statutes Annotated 58-3078 Residential Real Estate Sales contract; Required Language.

(a) On and after July 1, 2008, each contract for the sale of residential real estate shall contain as part of such contract the following language:

"Kansas law requires persons who are convicted of certain crimes, including certain sexually violent crimes, to register with the sheriff of the county in which they reside. If you, as the buyer, desire information regarding those registrants, you may find information on the homepage of the Kansas Bureau of Investigation (KBI) at http://www.Kansas.gov/kbi or by contacting the local sheriff’s office."

(b) The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers’ and salespersons’ license act.

Key Notes:

• This requirement went into effect on July 1, 2008
• The exact language in the statute must be included in the contract
• This disclosure has been included in the RSCK contract since 2007

Disclosure of Special Assessments

In 2003 the Kansas Legislature passed legislation mandating the disclosure of special assessments.

Kansas Statutes Annotated 12-6a20 Disclosure by Seller; acknowledgment. As part of the contract or before the execution of a contract for the sale of any real property which is subject to a special assessment or fee pursuant to K.S.A. 12-6a01 et seq., and amendments thereto, the seller of the property shall disclose to the buyer that the property is subject to such special assessment or fee or located in an improvement district created pursuant to K.S.A. 12-6a01 et seq., and amendments thereto. If the amount of such special assessment or fee is unknown, the seller shall make a good faith estimation of such amount. The seller of the property shall obtain a written acknowledgment from the buyer that the buyer is aware of such assessment or fee or that the property is located in an improvement district created pursuant to K.S.A. 12-6a01 et seq., and amendments thereto.

Key Notes:

• This legislation went into effect on July 1, 2003
• The Seller disclosure of specials must be part of the contract or be made prior to the execution of the contract
• The disclosure requires a written acknowledgment from the buyer
• If the amount of the assessment is unknown, a good faith estimate must be made as to the amount