When I record a deed in Kansas, do I have to file a sales validation questionnaire -- and what happens if I put $1 or leave a question blank?

Plain-English summary

Kansas counties value property partly by studying what real estate actually sells for. The instrument that feeds that study is the real estate sales validation questionnaire — a form that must generally accompany a deed when it is recorded. This directive tells registers of deeds how to handle them, and replaces Directive #03-041.

The baseline rule: except where a statutory exception applies, "no deed or instrument providing for the transfer of title to real estate or affidavit of equitable interest in real estate shall be recorded in the office of register of deeds unless such deed is accompanied by a real estate sales validation questionnaire in compliance with the provisions of K.S.A. 79-1437c." The directive is explicit that this specific requirement "supersede[s] the general requirements of K.S.A. 58-2221(d) to record any deed to real estate immediately."

The exceptions are statutory and closed. "The only exceptions to the requirement to file a real estate sales validation questionnaire are statutory." K.S.A. 79-1437e(a) lists sixteen, including transfers made solely to secure or release a debt; corrective deeds without additional consideration; gifts or donations stated in the deed; cemetery lots; leases and severed mineral interests; transfers to or from a trust without consideration; divorce settlements; deeds creating a joint tenancy or tenancy in common; sheriff's deeds; deeds in escrow more than five years; quit claim deeds clearing title encumbrances; right-of-way or eminent domain transfers; fiduciary transfers pursuant to judicial order; repossession; and releases of an equitable lien without additional consideration.

When an exception applies, "the exemption number or reason for an exemption must be clearly stated on the deed" — and importantly for filers, "[t]he register of deeds should not make changes to the face of the deed by adding the exemption number or exemption description." That has to be on your document already.

Nominal consideration gets specific treatment. A questionnaire "is not required on a deed that states 'without consideration' or that has one dollar ($1.00), ten dollars ($10.00), 'love and affection' or some other nominal value entered thereon," because "[w]ithout consideration" means gift. But the moment the deed says "one dollar ($1.00) [or other nominal value] and other valuable consideration," a questionnaire is required. Separately, if a nominal price is entered on the questionnaire itself, the register "shall question the accuracy of the sale price," and record the deed if the party affirms it is correct. A questionnaire showing "other valuable consideration" as the sales price "shall not be accepted."

Incomplete forms stop the recording. The register "has a legal obligation to see that the real estate sales validation questionnaire is fully completed." One without every question answered — "including the sale price, the signature and phone numbers of the seller and buyer entered" — is not completed, and must be returned to the filer "with notice that such deed, instrument or affidavit has not been recorded." Buyer and seller phone numbers are required at the top of the form even when an agent signs section 13.

Falsifying the price is a crime. Under K.S.A. 79-1437g it "is a misdemeanor to falsify the sale price of real estate transferred," and any county official who has information or suspects falsification "shall notify the county attorney or county counselor for possible legal action."

The directive closes with a statement of force: "Permanent administrative regulations and directives promulgated by the division of property valuation carry the force of law and must be given the same deference by the register of deeds as Kansas statutes," and notes that participation by the register of deeds in the ratio study "is not optional."

What this means for you

If you are recording a deed

Bring a complete questionnaire unless you are certain an exception applies — and if one does, make sure the exemption number or reason is already written on the deed before you file. The register will not add it for you. A blank on the form is not a minor defect; it sends the package back unrecorded, which can matter if you are on a closing timeline.

If you are transferring property as a gift or for $1

You likely do not need a questionnaire, because a nominal recital is construed as a gift. Watch the exact wording: adding "and other valuable consideration" flips the result and a questionnaire becomes required.

If you are transferring to or from a trust

The exception is narrower than people assume. The directive states: "Only those deeds to and from a trust and without consideration do not require a questionnaire be completed." Consideration in the picture means the questionnaire is required.

If you are filing a transfer on death deed

No questionnaire. The directive explains these "do not require the completion of the Kansas Real Estate Sales Validation Questionnaire because it does not actually transfer property at the time of filing."

If you are recording multiple deeds for partial interests

Filed simultaneously, they "do not require multiple real estate sales validation questionnaires," provided the one filed is annotated to state that the consideration shown is the total for the entire interest. The register notes the deed book and page range in the upper left corner.

If a government entity is conveying property

The questionnaire "must be signed by the government official(s) who signed the deed or an agent."

If you want copies of filed questionnaires

Access is limited to those with statutory access under K.S.A. 79-1437f. For those who qualify, the Open Records Act allows abstracts or copies, and officials may require advance payment of actual cost "including the cost of staff time." The directive notes financial institutions may obtain copies for appraisals or evaluations conducted under state and federal regulations, and that the IRS also has access.

Real estate professionals and closing agents

Two practical traps. First, photocopies of the questionnaire "are not acceptable," though a computer-printed form is fine; only counties with prior written approval may use the one-part version. Second, if you sign section 13 as agent you must still print your name, sign, and provide a daytime phone number — and the buyer's and seller's phone numbers are separately required at the top.

Common questions

Q: Do I always need a sales validation questionnaire to record a deed in Kansas?
A: No, but the exceptions are only the statutory ones in K.S.A. 79-1437e(a). Outside those sixteen categories, the deed cannot be recorded without a completed questionnaire.

Q: My deed says $1. Do I need one?
A: A deed reciting "without consideration," $1, $10, "love and affection" or another nominal value is construed as a gift and accepted without a questionnaire. But "one dollar ($1.00) [or other nominal value] and other valuable consideration" does require one.

Q: Who can fill it out?
A: The buyer, seller, or an agent. Whoever completes it must print their name and sign section 13 affirming the instructions were read and the information is true and accurate; an agent must also give a daytime phone number.

Q: What happens if I leave a question blank?
A: The form is not "completed." It is returned to the filer with notice that the deed, instrument or affidavit has not been recorded.

Q: Can I write "other valuable consideration" instead of a price?
A: Not on the questionnaire. Such a questionnaire "shall not be accepted" and is returned for the sale price to be entered before the deed may be recorded.

Q: What if I understate the price?
A: K.S.A. 79-1437g makes falsifying the sale price a misdemeanor, and county officials who suspect falsification are directed to notify the county attorney or county counselor for possible legal action.

Q: Does a transfer on death deed need one?
A: No, because it does not actually transfer property at the time of filing.

Q: What does "correcting" a prior deed mean for the exception?
A: The directive defines confirm, correct, modify and supplement by dictionary and concludes "[t]he recurrent theme of these definitions is an incidental change, not a change in substance" -- the grantor and grantee do not change (a spelling correction is fine), the intent to convey to a named person or entity is unchanged, and there can be no additional consideration.

Q: Can I get a copy of someone's questionnaire?
A: Only if you have statutory access under K.S.A. 79-1437f. Those who do may make abstracts or copies under the Open Records Act, and may be charged the actual cost including staff time.

Q: Why does any of this matter?
A: The questionnaire feeds the Kansas Real Estate Ratio Study (K.S.A. 79-1486), which is how the state checks whether counties are appraising property accurately. The directive states participation by the register of deeds "is not optional."

Citations and references

Kansas statutes and regulations:

• K.S.A. 79-505 (authority for the directive)
• K.S.A. 79-1437c (questionnaire required to record)
• K.S.A. 79-1437e(a) (the sixteen exceptions)
• K.S.A. 79-1437f (statutory access to questionnaires)
• K.S.A. 79-1437g (misdemeanor to falsify sale price)
• K.S.A. 58-2221(d) (general immediate-recording requirement, superseded here)
• K.S.A. 79-1486 (Kansas Real Estate Ratio Study Act), 79-1487 (county cooperation), 79-1491 (authority for K.A.R. 93-4-2)
• K.S.A. 45-218(f), 45-219(a), 45-219(c)(1) (Open Records Act copies and cost recovery)
• K.A.R. 93-4-2 (annotation and disposition of questionnaires; three-business-day deadlines; effective June 26, 1998; amended Oct. 3, 2014)

Attorney General opinions cited: Att'y Gen. Op. No. 92-122 (register of deeds should not alter the face of the deed); Att'y Gen. Op. No. 92-38 (access to copies).

Case cited: United States v. Martin, 542 F. Supp. 22 (1982) (IRS access to real estate sales validation questionnaires).

Forms referenced: PV-RE-23 (three-part form); PV-RE-22-OP (one-part form, prior written approval required); PV-RE-22-OP-CG (digital version).

Superseded: Directive #03-041.

Source

• Landing page: Kansas Property Tax Directives
• Original PDF: PVD Directive 19-041

Original ruling text

Division of Property Valuation
300 SW 29th Street Phone: 785-296-2365
PO Box 3506 Fax: 785-296-2320
Topeka KS 66601-3506 www.ksrevenue.gov
Mark Burghart, Secretary Laura Kelly, Governor

                                     DIRECTIVE #19-041

TO: Register of Deeds
SUBJECT: Real Estate Sales Valuation Questionnaires; Submission Requirements
This Directive Supersedes Directive #03-041

This directive is adopted pursuant to the provisions of K.S.A. 79-505, and shall be in force and
effect from and after the director’s approval date. The register of deeds shall comply with the
following procedures in handling and processing real estate sales validation questionnaires.

1.    The only exceptions to the requirement to file a real estate sales validation questionnaire are
   statutory. K.S.A. 79-1437e(a) provides as follows:

   The real estate sales validation questionnaire shall not apply to transfers of title:

     (1)   Recorded prior to the effective date of this act;

     (2)   made solely for the purpose of securing or releasing security for a debt or other
           obligation;

     (3)   made for the purpose of confirming, correcting, modifying or supplementing a deed
           previously recorded, and without additional consideration;

     (4)   by way of gift, donation or contribution stated in the deed or other instrument;

     (5)   to cemetery lots;

     (6)   by leases and transfers of severed mineral interests;

     (7)   to or from a trust, and without consideration;

     (8)   resulting from a divorce settlement where one party transfers interest in property to
           the other;

     (9)   made solely for the purpose of creating a joint tenancy or tenancy in common;

     (10) by way of a sheriff’s deed;

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    (11) by way of a deed which has been in escrow for longer than five years;

    (12) by way of a quit claim deed filed for the purpose of clearing title encumbrances;

    (13) when title is transferred to convey right-of-way or pursuant to eminent domain;

    (14) made by a guardian, executor, administrator, conservator or trustee of an estate
         pursuant to judicial order;
    (15) when title is transferred due to repossession; or

    (16) made for the purpose of releasing an equitable lien on a previously recorded affidavit
         of equitable interest, and without additional consideration.

 Except where an exception pursuant to K.S.A. 79-1437e is applicable, no deed or instrument
 providing for the transfer of title to real estate or affidavit of equitable interest in real estate
 shall be recorded in the office of register of deeds unless such deed is accompanied by a real
 estate sales validation questionnaire in compliance with the provisions of K.S.A. 79-1437c.
 The specific requirements of K.S.A. 79-1437c supersede the general requirements of K.S.A.
 58-2221(d) to record any deed to real estate immediately.

 When a real estate questionnaire is not required due to one of the exemptions listed above, the
 exemption number or reason for an exemption must be clearly stated on the deed. The register
 of deeds should not make changes to the face of the deed by adding the exemption number or
 exemption description. (See Att’y Gen. Op. No. 92-122).

2. The division of property valuation supplies a three-part real estate sales validation
   questionnaire (form number PV-RE-23) which is required when an affidavit of equitable
   interest, deed in real estate, or any other instrument used to transfer real property is recorded
   in the office of the register of deeds. Only counties having prior written approval from the
   director may use a special one-part version of the form (PV-RE-22- OP). The one-part form
   is intended to be used in conjunction with image document management systems. Photocopies
   of the questionnaire are not acceptable; however, filers may submit a computer-printed form.
   The digital version of the form (PV-RE-22-OP-CG) can be obtained from the Department of
   Revenue website. Counties accepting one-part forms are required to provide the original
   document(s) to the division of property valuation unless the register of deeds office has prior
   written approval from the director to submit document image files of the real estate sales
   validation questionnaires. Document image files shall be transmitted in monthly sessions to
   the Department of Revenue File Transfer Protocol (FTP) server.

3. The "total sale price" must be entered on the real estate sales validation questionnaire. If one
   dollar ($1.00), ten dollars ($10.00) or any nominal sale price is entered on the real estate sales
   validation questionnaire, the register of deeds shall question the accuracy of the sale price as
   entered. If the grantor, grantee, or agent affirms that the sale price as entered is correct, the
   deed should be recorded.

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4. A real estate sales validation questionnaire is not required on a deed that states "without
   consideration" or that has one dollar ($1.00), ten dollars ($10.00), “love and affection” or
   some other nominal value entered thereon. "Without consideration" as used in K.S.A. 79-
   1437(e)(7), means "gift." Therefore, a deed with nominal value entered thereon shall be
   construed as a "gift," and the deed accepted without a real estate sales validation
   questionnaire. However, if the phrase "one dollar ($1.00) [or other nominal value] and other
   valuable consideration" has been entered on the deed, a real estate sales validation
   questionnaire is required to record the deed.

5. The buyer, seller or agent thereof may complete the real estate validation questionnaire. The
   party completing the real estate validation questionnaire must print their name and sign
   section 13 to affirm the instructions have been read and the information provided is true and
   accurate. An agent signing the real estate validation questionnaire must also provide a
   daytime phone number.

6. If a government entity, such as a county, conveys real property, the real estate sales validation
   questionnaire must be signed by the government official(s) who signed the deed or an agent.

7. Multiple deeds conveying partial interests and filed simultaneously, do not require multiple
   real estate sales validation questionnaires, provided the real estate sales validation
   questionnaire filed is annotated to state that the consideration entered thereon is the total
   consideration for the transfer of the entire interest. The register of deeds shall indicate in the
   upper left-hand corner of the real estate sales validation questionnaire the deed book and page
   number range assigned to the corresponding deeds.

8. A real estate sales validation questionnaire with the phrase "other valuable consideration"
   entered as the sales price shall not be accepted. It shall be returned for the sale price to be
   entered before the deed, instrument or affidavit may be recorded.

9. The register of deeds has a legal obligation to see that the real estate sales validation
   questionnaire is fully completed. At a minimum, this requires that each real estate sales
   validation questionnaire be scrutinized for completion of the identification, telephone, contact
   and parcel location information and all questions thereon.

10. A real estate sales validation questionnaire without every question answered, including the
    sale price, the signature and phone numbers of the seller and buyer entered is not "completed".
    Incomplete real estate sales validation questionnaires accompanied by the deed, other
    instrument transferring title to real estate or affidavit of equitable interest must be returned to
    the filer with notice that such deed, instrument or affidavit has not been recorded.

11. Telephone numbers for both the buyer and the seller are required at the top of the form, even
    if the agent completes and signs section 13 of the real estate sales validation questionnaire.

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12. The phrase "made for the purpose of confirming, correcting, modifying or supplementing a
    deed previously recorded, and without additional consideration," (K.S.A. 79-1437e) is
    explained as follows:

    Confirm means "to support or establish the certainty or validity of; verify.” The American
    Heritage Dictionary of the English Language, 386 (4th Edition, 2000).

    Correct means "to remove errors from." Webster’s II New Riverside University Dictionary,
    314 (1984).

    Modify means "To change in form or character; alter.” The American Heritage Dictionary of
    the English Language, 1130 (4th Edition, 2000).

    Supplement means "something added to offset a deficiency, or strengthen the whole; a
    section added to a document to provide additional data, or to correct errors." Webster’s II New
    Riverside Dictionary, 1163 (1984).

    The recurrent theme of these definitions is an incidental change, not a change in substance. In
    the case of a deed previously recorded, this would mean that the change does not change the
    grantor or the grantee (although, e.g., a change may be made in the spelling of the grantor or
    grantee’s name). Whatever the change, the intent to convey the real property to a named
    person or entity is not changed. Also, there can be no additional consideration.

13. It is a misdemeanor to falsify the sale price of real estate transferred on a real estate sales
    validation questionnaire (K.S.A. 79-1437g). Any register of deeds or other county official
    who has information or suspects that a real estate sales validation questionnaire has been
    falsified shall notify the county attorney or county counselor for possible legal action.

14. Individuals may obtain photocopies of real estate sales validation questionnaires if they have
    statutory access to them (K.S.A. 79-1437f). K.S.A. 45-219(a) provides that any person may
    make abstracts or copies of any public record to which such person has access under the Open
    Records Act. Public officials may require advance payment of the actual cost of furnishing
    copies, including the cost of staff time, to make the information available. K.S.A. 45-218(f);
    K.S.A. 45-219(c)(1). (See Att’y Gen. Op. No. 92-38) Financial institutions can also obtain
    copies of real estate sales validation questionnaires for conducting appraisals or evaluations
    that are being conducted pursuant to state and federal regulations. The Internal Revenue
    Service (IRS) also has access to real estate sales validation questionnaires (United States v.
    Martin, 542 F. Supp. 22 (1982)).

15. Transfer on death deeds do not require the completion of the Kansas Real Estate Sales
    Validation Questionnaire because it does not actually transfer property at the time of filing.

16. Only those deeds to and from a trust and without consideration do not require a questionnaire
    be completed.

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17. The register of deeds shall also comply with Kansas Administrative Regulation. 93-4-2.

    93-4-2. Annotation and disposition of real estate sales validation questionnaires; duties
    of county officials.
    (a) Not later than three business days after the receipt of a three-part real estate sales
    validation questionnaire, the register of deeds shall annotate each copy with the following
    information:

     (1) The volume and page entry from the general index, indicating where the deed,
         instrument, or affidavit of equitable interest that accompanies it is recorded;
     (2) the county official validation number;
     (3) the type of instrument; and
     (4) the recording date
    

    The register of deeds shall retain the original copy and forward the county appraiser’s copy
    and the director of property valuation’s copy to the county appraiser. Not later than three
    business days after the receipt of the county appraiser’s and the director’s copies, the county
    appraiser shall enter the parcel identification number on both paper copies of each real estate
    sales validation questionnaire received from the register of deeds.

    (b) The register of deeds may accept a one-part real estate sales validation questionnaire
    when authorized by the director of property valuation to process real estate sales
    validation questionnaires by electronic imaging. An electronic copy may be accepted by
    the register of deeds if questionnaires are received by means of digital media transmission
    and retained in an electronic document management system. (Authorized by K.S.A. 79-
    1491; implementing K.S.A. 79-1487 and 79-1488; effective June 26, 1998; amended Oct.
    3, 2014.)

18. The Kansas Real Estate Sales Validation Questionnaire provides crucial information to fulfill
    requirements of the Kansas Real Estate Ratio Study Act (K.S.A 79-1486). All county officials
    share in the duty to cooperate and assist the director of property valuation in the development
    of information required by this act (K.S.A. 79-1487). Participation by the register of deeds is
    not optional.

19. Permanent administrative regulations and directives promulgated by the division of property
    valuation carry the force of law and must be given the same deference by the register of deeds
    as Kansas statutes.

Approved: August 27, 2019
David N. Harper
Director of Property Valuation