58-5203. Seller required to hold title; exceptions; violations as deceptive act or practice under Kansas consumer protection act.

261 words·~1 min read·/ks/chapter-58/58-5203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A seller shall not execute a contract for deed with a buyer if the seller does not hold title to the property. Except as provided further, a seller shall maintain fee simple title to the property free from any mortgage, lien or other encumbrance for the duration of the contract for deed. This subsection shall not apply to a mortgage, lien or encumbrance placed on the property:

(1)Due to the conduct of the buyer;

(2)with the agreement of the buyer as a condition of a loan obtained to make improvements on the property; or

(3)by the seller prior to the execution of the contract for deed if:

(A)The seller disclosed the mortgage, lien or encumbrance to the buyer;

(B)the seller continues to make timely payments on the outstanding mortgage, lien or other encumbrance;

(C)the seller disclosed the contract for deed to the mortgagee, lienholder or other party of interest; and

(D)the seller satisfies and obtains a release of the mortgage, lien or other encumbrance not later than the date the buyer makes final payment on the contract for deed unless the buyer assumes the mortgage, lien or other encumbrance as part of the contract for deed.

(b)Any violation of this section is a deceptive act or practice under the provisions of the Kansas consumer protection act and shall be subject to any and all of the enforcement provisions of the Kansas consumer protection act.