You are quite right, and I do apologize for getting sidetracked. As for your question about licensing, I think you have a very good question. I too would be interested in hearing from Kansas abstractors.
I have read the statute. Maybe I missed something, but I didn't see any penalty provisions for abstracting without a license. I have not had enough time to do a more thorough search. My guess is that many abstractors, and their clients, are either unaware of the requirement or just plain ignore it. After all, if you have clients willing to use cheaper, unlicensed abstractors and there are cheaper, unlicensed abstractors willing to do the work... well, its bound to happen.
I would like to know how states with abstractor statutes, and there are about 10 or so, handle enforcement. How do they know if they have unlicensed abstractors working in the state? What do they do if they get a complaint? In reality, the answers to your questions depend on enforcement of the statute. The effects you are looking for are not going to be present if there is no enforcement.
I am doing some research on another area of the law and I have come across several of the abstractor statutes. When I get time, I will look more into them and let you all know what I find.
Best,
Robert A. Franco
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