Yes. The Kansas Mortgage Business Act directly permits a person to be compensated as both the real-estate agent and the loan originator on one transaction after written disclosure.
What Kansas requires
- Disclose both roles and both forms of compensation in writing to the person paying the mortgage compensation, as K.S.A. 9-2212(g) requires.
- Hold an active Kansas MLO license sponsored by a licensed mortgage company.
What the rule says
receive compensation for rendering mortgage business services where the licensee or registrant has otherwise acted as a real estate broker or agent in connection with the sale of the real estate which secures the mortgage transaction unless the person required to be licensed or registered has provided written disclosure to the person from whom compensation is collected
What applies in every state
- Both licenses must be active. The mortgage side is an individual MLO license, sponsored by a licensed mortgage company, with the SAFE test, 20 hours of education and a background check behind it.
- Federal law sits above the state rule. RESPA Section 8 bars pay for a referral, and Regulation Z sets what a loan originator may be paid for. Compensation on the mortgage side is for origination work performed. The RESPA and referral-fee explainer walks through it.
- The lender on the loan has its own rule. FHA permits the dual role since 2022. Conventional lenders decide file by file in writing.
- The buyer keeps the right to choose any lender, and the disclosure says so.