Seller disclosure requirements in Kansas: what must be told

Is a disclosure form required by Kansas law?

I found no Kansas statute that requires a seller to complete a specific property condition form, and I read no official state form. Kansas puts the disclosure duty in the real estate brokers’ and salespersons’ license act, which governs licensees. A seller who sells without an agent is not covered by those sections, so the rest of this page describes what agents, contracts and federal law require.

What licensees must disclose

A seller’s agent owes no duty to a buyer, with one exception: the agent must disclose to any customer all adverse material facts actually known by the licensee (K.S.A. 58-30,106(d)(1)). The statute lists these examples:

• environmental hazards that the law requires to be disclosed
• the physical condition of the property
• material defects in the property
• material defects in the title
• any material limit on the seller’s ability to perform under the contract

A transaction broker, who represents neither side, has the same duty to tell prospective buyers about adverse material facts it knows (K.S.A. 58-30,113(b)(2)(F)).

Three limits matter:

1. Actual knowledge. The agent has no duty to inspect the property or to verify what the seller says (K.S.A. 58-30,106(d)(2)).
2. Written reports. If a qualified third party prepared a written report on the property’s condition and gave it to the buyer, the agent need not repeat its content. But the agent must disclose known facts that the report omits or contradicts (K.S.A. 58-30,106(d)(3)-(4)).
3. Expert advice. Agents must advise a client to get expert advice on material matters outside their expertise (K.S.A. 58-30,106(a)(2)(C)).

Making a substantial misrepresentation or committing fraud is a prohibited act for a licensee (K.S.A. 58-3062(a)(13)).

The radon notice

Since July 1, 2009, each contract for the sale of residential real property must include a statement notifying buyers that the property may expose occupants to dangerous indoor radon. The required text says that “Kansas law requires sellers to disclose any information known to the seller that shows elevated concentrations of radon gas,” and that the Kansas Department of Health and Environment recommends an indoor radon test before purchase (K.S.A. 58-3078a). Ask for any past radon test results before you make an offer.

Federal lead-based paint rule (homes built before 1978)

For most housing built before 1978, federal law requires sellers and their agents to do these things before a buyer signs the contract (EPA):

• give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home
• disclose any known lead-based paint or lead hazards and give the buyer all available records and reports
• include a Lead Warning Statement in the contract, with confirmation that the seller complied
• give the buyer 10 days to inspect or assess for lead, unless both sides agree in writing to a different period, or the buyer waives it
• keep the signed disclosures for three years

The rule does not cover housing built after 1977, foreclosure sales, or housing certified lead-free by a certified inspector (EPA).

Exemptions

I found no list of seller exemptions in Kansas law, because it sets no seller form to exempt anyone from. The federal lead rule has the exemptions above.

What happens if a seller does not disclose?

The statutes above list no penalty for a seller who stays silent, and the court decisions that decide civil claims over hidden defects are beyond what I read; talk to an attorney before relying on any one outcome. See real estate attorneys in Kansas. As a buyer, protect yourself: order a home inspection (what an inspection costs), a radon test and a title search (title insurance explained). Foreclosed homes come with extra risks; see Kansas foreclosure.