Stewart Title of the Midwest, Inc. v. Reece & Nichols Realtors, Inc.

The opinion of the court was delivered by

Luckert, J.:

This case arose as an interpleader action to settle the rights to one-half of a brokerage commission resulting from a residential real estate transaction. Reece & Nichols Realtors, Inc. (RAN), the listing broker, refused to split the brokerage commission with Patrick E. McGrath, who acted as the broker for the buyer. McGrath is a licensed Kansas attorney but is not licensed under the Kansas Real Estate Brokers’ and Salespersons’ License Act (KREBSLA), K.S.A. 58-3034 et seq. RAN contended it is statutorily prohibited from paying a commission…