Contract Disputes and Property Disputes in Kansas

Parties often transact in good faith in Kansas, but a contract is a formal and documented agreement that protects all parties when disputes arise. In many cases, the parties involved fail to resolve the dispute and seek relief in Kansas courts. Officials at the court where the aggrieved party files maintain court records on the proceedings from filing until final adjudication.   

Records that are considered public may be accessible from some third-party websites. These websites often make searching for records simpler, as geographic locations do not limit their activities. Thus, the search engines on third-party sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or persons involved in the case. These include information such as the city, county, or state of residence or accusation.

Third-party sites are independent of government sources and are not government-sponsored. Consequently, record availability on third-party sites may vary.

What are Contract Disputes in Kansas?

Contract disputes are disagreements that arise when parties fail to perform contractual obligations or perform contrary to the terms of the agreement.

What are the Most Common Contract Disputes in Kansas?

A contract may involve private individuals, businesses, corporations, and public agencies. Some of the contract disputes in Kansas involve:

• Employment contracts: An employment contract is binding on the employer and employee. The most common disputes involve restrictive clauses (non-compete and non-disclosure), wage disputes, wrongful termination, and the ownership of intellectual property.
• Insurance contracts: An insurance contract is binding on the insurer and the insured. The common disputes involve contests of the insurance coverage and clauses, e.g., incontestability clause, anti-lapse clause, appraisal clause, co-insurance clause, and multiple coverage clause.
• Relationship contracts: Relationship contracts are agreements made between parties married or in amorous relationships in Kansas. Notable relationship contracts are prenup agreement and cohabitation agreement. The common disputes involve contracts that specify how couples plan to handle the equitable allocation of debt, property, and financial assets during and after a relationship.
• Real estate contract: Real estate contracts bind parties involved in the financial transactions of real estate. The contract further stipulates the duties and rights of the parties involved. The common disputes involve contingency clauses, terms of purchase, and responsibility for repairs.
• Construction contract: This contract binds the property owner and the contractor. The common disputes involve delivery period, withholding payments, uncertainties due to unforeseen changes in the environment and human behavior, or changes in the project. 

What is Kansas Contract Law?

Kansas Contract Law is a body of statutes and common law that address common and potential scenarios in which one party may fail in their duty to others. The statutes on contract include Chapter 16 (Contracts and Promises) and Chapter 84 (Uniform Commercial Code). These statutes also prescribe the financial and non-financial reliefs that injured parties may seek for a breach of contract.

What is a Breach of Contract in Kansas?

A breach of contract refers to when one or both parties fail to perform contractual obligations in part or entirely, or when a party interferes with the ability of the other party to fulfill contractual obligations.

What are the Remedies for a Breach of Contract in Kansas?

Remedies are legal orders meant to enforce the terms of a contract, compensate for economic loss, or absolve the parties of contractual obligations (Kan. Stat. Ann. 84–1–305)..

• Damages: Damages cover the economic loss suffered by the party injured by the breach. The award may be compensatory - when the breach happened under extenuating circumstances, or punitive when the breach stems from malicious intent.
• Specific Performance: Specific performance is an order to perform contractual obligations. Generally, the court orders performance when damages will not suffice for the consequences of the breach.
• Rescission: A rescission is an equitable remedy that restores the status quo after a breach of contract.  
• Cancellation: Here, the court annuls the terms of the contract, and the parties are no longer bound to fulfill contractual obligations. 

A claim for breach follows the Kansas Rule of Civil Procedure, and the aggrieved party must submit a petition at the district court in the county of residence. The statute of limitation to file a claim on the breach of a written contract is five years, while a claim for a breach of an unwritten contract is three years. During the ensuing proceedings, the plaintiff must establish a breach of contract occurred while the defendant must prove that there was no breach per the terms of the contract or state laws. Both parties must use evidentiary materials to support arguments and claims for favorable adjudication.

What Defenses Can Be Used Against a Breach of Contract Claim in Kansas?

The following legal arguments nullify a claim of breach of contract in Kansas:

• Duress
• Fraud
• Mistake of fact
• Undue influence
• Misrepresentation
• Unconscionable terms
• Incapacity to contract
• The illegality of the contract
• Tortious interference

What are Property Disputes in Kansas? 

Property disputes in Kansas involve disputes on ownership, rights, and responsibilities of real estate and personal property owners. Chapter 58 of the Kansas Statutes (Real and Personal Property) governs property laws in Kansas.

What Are Some Common Types of Property Disputes in Kansas?

Some of the common property disputes in Kansas involve:

• Real estate fraud
• Landlord-tenant dispute
• Lease agreement
• Liens
• Easement dispute
• Boundary lines

How to Find Property Lines

Property lines or boundary lines are defined points that show the boundaries of adjoining parcels of land. Interested individuals may find information on property lines on deeds and real estate survey reports. Property records at the county assessor’s office also contain information on property lines.

How do I Find a Property Dispute Lawyer Near me?

Interested persons may use the lawyer referral service provided by the Kansas Bar Association on this webpage. Alternatively, interested persons may call (800) 928–3111 or send an email to lawyerrefferalservice@ksbar.org.