UCC Statutes vs. Real Estate/Property Statutes

What is the name of your state? KANSAS

Can real estate contracts for real property be "governed" by UCC Statutes when there are existing real property and real estate statutes?

Can real estate licensee's be accountable for UCC statutes for real estate contracts, even though they are not taught or supplied the UCC?

BradleyS said:

What is the name of your state? KANSAS

Can real estate contracts for real property be "governed" by UCC Statutes when there are existing real property and real estate statutes?
**A: yes.

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Can real estate licensee's be accountable for UCC statutes for real estate contracts, even though they are not taught or supplied the UCC?

Click to expand...

**A: yes..........

HomeGuru said:

**A: yes..........

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Can you elaborate?

BradleyS said:

Can you elaborate?

Click to expand...

**A: no, thanks since your questions were too general and overly broad and without specific facts by which to remotely respond to.

In more specific terms.....

How can the UCC have any type of juristiction on real estate law, when article 9 of the UCC has special instructions (2,11) for real estate transfer creations?

Don't most state's have UCC Statutes?

Isn't Article 1 thru Article 9 "Generally" the same in all States?


84-9-109
Chapter 84.--UNIFORM COMMERCIAL CODE
Part 1.--GENERAL PROVISIONS
Article 9.--SECURED TRANSACTIONS
84-9-109. Scope. (a) General scope of article. Except as otherwise provided in subsections (c) and (d), this article applies to:……………
(c) Extent to which article does not apply. This article does not apply to the extent that:…………
(2) another statute of this state expressly governs the creation, perfection, priority or enforcement of a security interest created by this state or a governmental unit of this state;………….
(d) Inapplicability of article. This article does not apply to: …………….
(11) the creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:
(D) security agreements covering personal and real property in K.S.A. 2004 Supp. 84-9-604 and amendments thereto;

Well, I'm not an attorney and it's hard for me to "interpret" to plain english the statute.........

Doesn't it read (in plain english) that "if you have a real estate commission, and laws specifically designed for Real Estate, the UCC does not apply?"

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