Missouri Statute | Act | Code |Occupations And Professions| US Code - US Statute | Chapter 339 Real Estate Agents, Brokers, Appraisers And Escrow Agents

1. A "real estate broker" is any person, partnership,
association, or corporation, foreign or domestic who, for another, and
for a compensation or valuable consideration, does, or attempts to do,
any or all of the following:

(1) Sells, exchanges, purchases, rents, or leases real estate;

(2) Offers to sell, exchange, purchase, rent or lease real estate;

(3) Negotiates or offers or agrees to negotiate the sale, exchange,
purchase, rental or leasing of real estate;

(4) Lists or offers or agrees to list real estate for sale, lease, rental
or exchange;

(5) Buys, sells, offers to buy or sell or otherwise deals in options on
real estate or improvements thereon;

(6) Advertises or holds himself or herself out as a licensed real estate
broker while engaged in the business of buying, selling, exchanging,
renting, or leasing real estate;

(7) Assists or directs in the procuring of prospects, calculated to
result in the sale, exchange, leasing or rental of real estate;

(8) Assists or directs in the negotiation of any transaction calculated
or intended to result in the sale, exchange, leasing or rental of real
estate;

(9) Engages in the business of charging to an unlicensed person an
advance fee in connection with any contract whereby the real estate
broker undertakes to promote the sale of that person's real estate
through its listing in a publication issued for such purpose intended to
be circulated to the general public;

(10) Performs any of the foregoing acts as an employee of, or on behalf
of, the owner of real estate, or interest therein, or improvements
affixed thereon, for compensation.

2. A "real estate salesperson" is any person who for a compensation or
valuable consideration becomes associated, either as an independent
contractor or employee, either directly or indirectly, with a real estate
broker to do any of the things above mentioned. The provisions of
sections 339.010 to 339.180 and sections 339.710 to 339.860 shall not be
construed to deny a real estate salesperson who is compensated solely by
commission the right to be associated with a broker as an independent
contractor.

3. The term "commission" as used in sections 339.010 to 339.180 and
sections 339.710 to 339.860 means the Missouri real estate commission.

4. "Real estate" for the purposes of sections 339.010 to 339.180 and
sections 339.710 to 339.860 shall mean, and include, leaseholds, as well
as any other interest or estate in land, whether corporeal, incorporeal,
freehold or nonfreehold, and the real estate is situated in this state.

5. The provisions of sections 339.010 to 339.180 and sections 339.710 to
339.860 shall not apply to:

(1) Any person, partnership, association, or corporation who as owner,
lessor, or lessee shall perform any of the acts described in subsection 1
of this section with reference to property owned or leased by them, or to
the regular employees thereof, provided such owner, lessor, or lessee is
not engaged in the real estate business;

(2) Any licensed attorney-at-law;

(3) An auctioneer employed by the owner of the property;

(4) Any person acting as receiver, trustee in bankruptcy, administrator,
executor, or guardian or while acting under a court order or under the
authority of a will, trust instrument or deed of trust or as a witness in
any judicial proceeding or other proceeding conducted by the state or any
governmental subdivision or agency;

(5) Any person employed or retained to manage real property by, for, or
on behalf of, the agent or the owner, of any real estate shall be exempt
from holding a license, if the person is limited to one or more of the
following activities:

(a) Delivery of a lease application, a lease, or any amendment thereof,
to any person;

(b) Receiving a lease application, lease, or amendment thereof, a
security deposit, rental payment, or any related payment, for delivery
to, and made payable to, a broker or owner;

(c) Showing a rental unit to any person, as long as the employee is
acting under the direct instructions of the broker or owner, including
the execution of leases or rental agreements;

(d) Conveying information prepared by a broker or owner about a rental
unit, a lease, an application for lease, or the status of a security
deposit, or the payment of rent, by any person;

(e) Assisting in the performance of brokers' or owners' functions,
administrative, clerical or maintenance tasks;

(f) If the person described in this section is employed or retained by,
for, or on behalf of a real estate broker, the real estate broker shall
be subject to discipline under this chapter for any conduct of the person
that violates this chapter or the regulations promulgated thereunder;

(6) Any officer or employee of a federal agency or the state government
or any political subdivision thereof performing official duties;

(7) Railroads and other public utilities regulated by the state of
Missouri, or their subsidiaries or affiliated corporations, or to the
officers or regular employees thereof, unless performance of any of the
acts described in subsection 1 of this section is in connection with the
sale, purchase, lease or other disposition of real estate or investment
therein unrelated to the principal business activity of such railroad or
other public utility or affiliated or subsidiary corporation thereof;

(8) Any bank, trust company, savings and loan association, credit union,
insurance company, mortgage banker, or farm loan association organized
under the laws of this state or of the United States when engaged in the
transaction of business on its own behalf and not for others;

(9) Any newspaper, magazine, periodical, or Internet site whereby the
advertising of real estate is incidental to its operation or to any form
of communications regulated or licensed by the Federal Communications
Commission or any successor agency or commission;

(10) Any developer selling Missouri land owned by the developer;

(11) Any employee acting on behalf of a nonprofit community, or regional
economic development association, agency or corporation which has as its
principal purpose the general promotion and economic advancement of the
community at large, provided that such entity:

(a) Does not offer such property for sale, lease, rental or exchange on
behalf of another person or entity;

(b) Does not list or offer or agree to list such property for sale,
lease, rental or exchange; or

(c) Receives no fee, commission or compensation, either monetary or in
kind, that is directly related to sale or disposal of such properties. An
economic developer's normal annual compensation shall be excluded from
consideration as commission or compensation related to sale or disposal
of such properties; or

(12) Any neighborhood association, as that term is defined in section
441.500, RSMo, that without compensation, either monetary or in kind,
provides to prospective purchasers or lessors of property the asking
price, location, and contact information regarding properties in and near
the association's neighborhood, including any publication of such
information in a newsletter, Internet site, or other medium. (L. 1941 p.
424 § 3, A.L. 1945 p. 1421, A.L. 1967 p. 444, A.L. 1978 S.B. 811, A.L.
1987 S.B. 175, A.L. 1988 H.B. 1573, A.L. 1993 S.B. 18, A.L. 2002 H.B.
1964, A.L. 2004 H.B. 985)

It shall be unlawful for any person, partnership, association,
or corporation, foreign or domestic, to act as a real estate broker or
real estate salesperson, or to advertise or assume to act as such without
a license first procured from the commission. (L. 1941 p. 424 § 1, A.L.
1993 S.B. 18, A.L. 2004 H.B. 985)

A corporation, partnership, or association shall be granted a
license when individual licenses have been issued to every member,
partner or officer of such partnership, association, or corporation who
actively participates in its brokerage business and to every person who
acts as a salesperson for such partnership, association, or corporation
and when the required fee is paid. (L. 1941 p. 424 § 2, A.L. 1981 S.B.
16, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985)

1. Licenses shall be granted only to persons who present, and
corporations, associations, or partnerships whose officers, associates,
or partners present, satisfactory proof to the commission that they:

(1) Are persons of good moral character; and

(2) Bear a good reputation for honesty, integrity, and fair dealing; and

(3) Are competent to transact the business of a broker or salesperson in
such a manner as to safeguard the interest of the public.

2. In order to determine an applicant's qualifications to receive a
license under sections 339.010 to 339.180 and sections 339.710 to
339.860, the commission shall hold oral or written examinations at such
times and places as the commission may determine.

3. Each applicant for a broker or salesperson license shall be at least
eighteen years of age and shall pay the broker examination fee or the
salesperson examination fee.

4. Each applicant for a broker license shall be required to have
satisfactorily completed the salesperson license examination prescribed
by the commission. For the purposes of this section only, the commission
may permit a person who is not associated with a licensed broker to take
the salesperson examination.

5. Each application for a broker license shall include a certificate from
the applicant's broker or brokers that the applicant has been actively
engaged in the real estate business as a licensed salesperson for at
least one year immediately preceding the date of application, or, in lieu
thereof, shall include a certificate from a school accredited by the
commission under the provisions of section 339.045 that the applicant
has, within six months prior to the date of application, successfully
completed the prescribed broker curriculum or broker correspondence
course offered by such school, except that the commission may waive all
or part of the educational requirements set forth in this subsection when
an applicant presents proof of other educational background or experience
acceptable to the commission.

6. Each application for a salesperson license shall include a certificate
from a school accredited by the commission under the provisions of
section 339.045 that the applicant has, within six months prior to the
date of application, successfully completed the prescribed salesperson
curriculum or salesperson correspondence course offered by such school,
except that the commission may waive all or part of the educational
requirements set forth in this subsection when an applicant presents
proof of other educational background or experience acceptable to the
commission.

7. The commission may issue a temporary work permit pending final review
and printing of the license to an applicant who appears to have satisfied
the requirements for licenses. The commission may, at its discretion,
withdraw the work permit at any time.

8. Every active broker, salesperson, officer, partner, or associate shall
provide upon request to the commission evidence that during the two years
preceding he or she has completed twelve hours of real estate instruction
in courses approved by the commission. The commission may, by rule and
regulation, provide for individual waiver of this requirement.

9. Each entity that provides continuing education required under the
provisions of subsection 8 of this section may make available instruction
courses that the entity conducts through means of distance delivery. The
commission shall by rule set standards for such courses. The commission
may by regulation require the individual completing such
distance-delivered course to complete an examination on the contents of
the course. Such examination shall be designed to ensure that the
licensee displays adequate knowledge of the subject matter of the course,
and shall be designed by the entity producing the course and approved by
the commission.

10. In the event of the death or incapacity of a licensed broker, or of
one or more of the licensed partners, officers, or associates of a real
estate partnership, corporation, or association whereby the affairs of
the broker, partnership, or corporation cannot be carried on, the
commission may issue, without examination or fee, to the legal
representative or representatives of the deceased or incapacitated
individual, or to another individual approved by the commission, a
temporary broker license which shall authorize such individual to
continue for a period to be designated by the commission to transact
business for the sole purpose of winding up the affairs of the broker,
partnership or corporation under the supervision of the commission. (L.
1941 p. 424 § 7, A.L. 1945 p. 1423, A.L. 1978 S.B. 811, A.L. 1981 S.B.
16, A.L. 1983 H.B. 100, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985)

1. An institution or organization desiring to conduct a school
or offer a course of instruction to prepare persons to be licensed under
this chapter, or to offer post-licensure courses, shall apply to the
commission for accreditation, and shall submit evidence that it is
prepared to carry out a prescribed minimum curriculum in real estate
principles and practices and can meet other standards established by the
commission. An investigation of the school and of the institution or
organization with which such school is affiliated shall be made by the
executive secretary or other authorized representative of the commission,
who shall submit a written report of the investigation to the commission.
If, in the opinion of the commission, the requirements for an accredited
school for instruction in real estate principles and practices are met,
the commission shall approve the school as an accredited real estate
school upon payment of a fee in an amount to be set by the commission.
All schools so accredited shall register at required intervals on a form
provided and pay the required registration fee fixed by the commission.

2. The commission shall prescribe minimum curricula and standards for
accreditation of real estate schools, courses of instruction preparing
persons to be licensed under this chapter and courses offered for
post-licensure credit.

3. From time to time as deemed necessary by the commission it shall be
the duty of the commission through its executive secretary or other
authorized representative to survey all accredited real estate schools
operated in this state. If the commission determines that any accredited
real estate school is not maintaining the standards required by the
commission, notices thereof in writing specifying the defect or defects
shall be given immediately to the school. The commission may file a
complaint with the administrative hearing commission if a school fails to
correct these conditions to the satisfaction of the commission within
thirty days, or such longer period as may be authorized in writing by the
commission. The hearing and any subsequent suspension or revocation of
accreditation shall be governed by chapter 621, RSMo.

4. No member of the commission, nor any relative within the fourth degree
of consanguinity or affinity, nor any member or employee of the
commissioner's firm or business entity, shall have any economic interest
in, receive remuneration from, or teach or solicit customers for any real
estate school or courses of instruction as heretofore described in this
chapter. (L. 1978 S.B. 811, A.L. 1981 S.B. 16, A.L. 1983 H.B. 100)
Effective 7-1-84

Applications for licenses shall be in writing, on blanks
furnished by the commission, accompanied by such information and
recommendations as it may require. Each application shall contain a
statement that it is made under oath or affirmation and that its
representations are true and correct to the best knowledge and belief of
the person signing same, subject to the penalties of making a false
affidavit or declaration. (L. 1941 p. 424 § 8, A.L. 1981 S.B. 16)

1. The commission shall set the amount of the fees which
sections 339.010 to 339.180 and sections 339.710 to 339.860 authorize and
require by rules and regulations promulgated pursuant to section 536.021,
RSMo. The fees shall be set at a level to produce revenue which shall not
substantially exceed the cost and expense of administering sections
339.010 to 339.180 and sections 339.710 to 339.860.

2. Every license granted under sections 339.010 to 339.180 and sections
339.710 to 339.860 shall be renewed each licensing period and the
commission shall issue a new license upon receipt of the properly
completed application of the applicant and the required renewal fee. (L.
1941 p. 424 § 9, A.L. 1947 V. I p. 471, A.L. 1967 p. 444, A.L. 1978 S.B.
547, A.L. 1981 S.B. 16, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985)

(1971) The Missouri State Real Estate Commission is without statutory
authority to conduct an evidentiary hearing into the qualifications of
real estate brokers or salesmen for renewal of their licenses, and can
take disciplinary action only after hearing and findings of fact and
conclusions of law by the administrative hearing commission. State ex
rel. American Inst. Mktg. Sys. v. Missouri Real Estate Comm. (A.), 461
S.W.2d 902.

1. All fees and charges payable under this chapter shall be
collected by the division of professional registration and transmitted to
the department of revenue for deposit in the state treasury to the credit
of the "Real Estate Commission Fund". No money shall be paid out of this
fund except by an appropriation by the general assembly. Warrants shall
be issued monthly, upon the state treasurer out of this fund only, for
the payment of the salaries and all necessary expenses of the commission.
Vouchers for salaries and expenses shall be first approved by the
commission. The total expense for every purpose incurred by the
commission shall not exceed the total fees and charges collected and paid
into the state treasury.

2. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds two times the amount of the appropriation from
the board's funds for the preceding fiscal year or, if the board requires
by rule permit renewal less frequently than yearly, then three times the
appropriation from the board's funds for the preceding fiscal year. The
amount, if any, in the fund which shall lapse is that amount in the fund
which exceeds the appropriate multiple of the appropriations from the
board's funds for the preceding fiscal year. (L. 1941 p. 424 § 6, A.L.
1947 V. I p. 471, A.L. 1981 S.B. 16, A.L. 1985 S.B. 99)

1. The commission may refuse to examine or issue a license to
any person known by it to be guilty of any of the acts or practices
specified in subsection 2 of section 339.100, or to any person previously
licensed whose license has been revoked, or may refuse to issue a license
to any association or partnership of which such person is a member, or to
any corporation of which such person is an officer or in which as a
stockholder such person has or exercises a controlling interest either
directly or indirectly.

2. Any person denied a license or the right to be examined shall be so
notified by the commission in writing stating the reasons for denial or
refusal to examine and informing the person so denied of his right to
file a complaint with the administrative hearing commission in accordance
with the applicable provisions of sections 621.015 to 621.198, RSMo, and
the rules promulgated thereunder. All notices hereunder shall be sent by
registered or certified mail to the last known address of the applicant.
(L. 1941 p. 424 § 11, A.L. 1978 S.B. 811, A.L. 1993 S.B. 18)

The commission may prescribe necessary rules and regulations
pursuant to chapter 536, RSMo, to provide for the licensure of
nonresidents. Such rules shall require the nonresident to pay a fee and
may provide for licensure without examination if such reciprocity is
extended to Missouri residents. Any rule or portion of a rule, as that
term is defined in section 536.010, RSMo, that is created under the
authority delegated in this section shall become effective only if it
complies with and is subject to all of the provisions of chapter 536,
RSMo, and, if applicable, section 536.028, RSMo. This section and chapter
536, RSMo, are nonseverable and if any of the powers vested with the
general assembly pursuant to chapter 536, RSMo, to review, to delay the
effective date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2001, shall be invalid and void. (L.
1941 p. 424 § 12, A.L. 1978 S.B. 547, A.L. 2001 H.B. 567)

1. The commission may, upon its own motion, and shall upon
receipt of a written complaint filed by any person, investigate any real
estate-related activity of a licensee licensed under sections 339.010 to
339.180 and sections 339.710 to 339.860 or an individual or entity acting
as or representing themselves as a real estate licensee. In conducting
such investigation, if the questioned activity or written complaint
involves an affiliated licensee, the commission may forward a copy of the
information received to the affiliated licensee's designated broker. The
commission shall have the power to hold an investigatory hearing to
determine whether there is a probability of a violation of sections
339.010 to 339.180 and sections 339.710 to 339.860. The commission shall
have the power to issue a subpoena to compel the production of records
and papers bearing on the complaint. The commission shall have the power
to issue a subpoena and to compel any person in this state to come before
the commission to offer testimony or any material specified in the
subpoena. Subpoenas and subpoenas duces tecum issued pursuant to this
section shall be served in the same manner as subpoenas in a criminal
case. The fees and mileage of witnesses shall be the same as that allowed
in the circuit court in civil cases.

2. The commission may cause a complaint to be filed with the
administrative hearing commission as provided by the provisions of
chapter 621, RSMo, against any person or entity licensed under this
chapter or any licensee who has failed to renew or has surrendered his or
her individual or entity license for any one or any combination of the
following acts:

(1) Failure to maintain and deposit in a special account, separate and
apart from his or her personal or other business accounts, all moneys
belonging to others entrusted to him or her while acting as a real estate
broker or as the temporary custodian of the funds of others, until the
transaction involved is consummated or terminated, unless all parties
having an interest in the funds have agreed otherwise in writing;

(2) Making substantial misrepresentations or false promises or
suppression, concealment or omission of material facts in the conduct of
his or her business or pursuing a flagrant and continued course of
misrepresentation through agents, salespersons, advertising or otherwise
in any transaction;

(3) Failing within a reasonable time to account for or to remit any
moneys, valuable documents or other property, coming into his or her
possession, which belongs to others;

(4) Representing to any lender, guaranteeing agency, or any other
interested party, either verbally or through the preparation of false
documents, an amount in excess of the true and actual sale price of the
real estate or terms differing from those actually agreed upon;

(5) Failure to timely deliver a duplicate original of any and all
instruments to any party or parties executing the same where the
instruments have been prepared by the licensee or under his or her
supervision or are within his or her control, including, but not limited
to, the instruments relating to the employment of the licensee or to any
matter pertaining to the consummation of a lease, listing agreement or
the purchase, sale, exchange or lease of property, or any type of real
estate transaction in which he or she may participate as a licensee;

(6) Acting for more than one party in a transaction without the knowledge
of all parties for whom he or she acts, or accepting a commission or
valuable consideration for services from more than one party in a real
estate transaction without the knowledge of all parties to the
transaction;

(7) Paying a commission or valuable consideration to any person for acts
or services performed in violation of sections 339.010 to 339.180 and
sections 339.710 to 339.860;

(8) Guaranteeing or having authorized or permitted any licensee to
guarantee future profits which may result from the resale of real
property;

(9) Having been finally adjudicated and been found guilty of the
violation of any state or federal statute which governs the sale or
rental of real property or the conduct of the real estate business as
defined in subsection 1 of section 339.010;

(10) Obtaining a certificate or registration of authority, permit or
license for himself or herself or anyone else by false or fraudulent
representation, fraud or deceit;

(11) Representing a real estate broker other than the broker with whom
associated without the express written consent of the broker with whom
associated;

(12) Accepting a commission or valuable consideration for the performance
of any of the acts referred to in section 339.010 from any person except
the broker with whom associated at the time the commission or valuable
consideration was earned;

(13) Using prizes, money, gifts or other valuable consideration as
inducement to secure customers or clients to purchase, lease, sell or
list property when the awarding of such prizes, money, gifts or other
valuable consideration is conditioned upon the purchase, lease, sale or
listing; or soliciting, selling or offering for sale real property by
offering free lots, or conducting lotteries or contests, or offering
prizes for the purpose of influencing a purchaser or prospective
purchaser of real property;

(14) Placing a sign on or advertising any property offering it for sale
or rent without the written consent of the owner or his or her duly
authorized agent;

(15) Violation of, or attempting to violate, directly or indirectly, or
assisting or enabling any person to violate, any provision of sections
339.010 to 339.180 and sections 339.710 to 339.860, or of any lawful rule
adopted pursuant to sections 339.010 to 339.180 and sections 339.710 to
339.860;

(16) Committing any act which would otherwise be grounds for the
commission to refuse to issue a license under section 339.040;

(17) Failure to timely inform seller of all written offers unless
otherwise instructed in writing by the seller;

(18) Been finally adjudicated and found guilty, or entered a plea of
guilty or nolo contendere, in a criminal prosecution under the laws of
this state or any other state or of the United States, for any offense
reasonably related to the qualifications, functions or duties of any
profession licensed or regulated under this chapter, for any offense an
essential element of which is fraud, dishonesty or an act of violence, or
for any offense involving moral turpitude, whether or not sentence is
imposed;

(19) Any other conduct which constitutes untrustworthy, improper or
fraudulent business dealings, demonstrates bad faith or incompetence,
misconduct, or gross negligence;

(20) Disciplinary action against the holder of a license or other right
to practice any profession regulated under sections 339.010 to 339.180
and sections 339.710 to 339.860 granted by another state, territory,
federal agency, or country upon grounds for which revocation, suspension,
or probation is authorized in this state;

(21) Been found by a court of competent jurisdiction of having used any
controlled substance, as defined in chapter 195, RSMo, to the extent that
such use impairs a person's ability to perform the work of any profession
licensed or regulated by sections 339.010 to 339.180 and sections 339.710
to 339.860;

(22) Been finally adjudged insane or incompetent by a court of competent
jurisdiction;

(23) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated under sections 339.010 to 339.180
and sections 339.710 to 339.860 who is not registered and currently
eligible to practice under sections 339.010 to 339.180 and sections
339.710 to 339.860;

(24) Use of any advertisement or solicitation which is knowingly false,
misleading or deceptive to the general public or persons to whom the
advertisement or solicitation is primarily directed.

3. After the filing of such complaint, the proceedings will be conducted
in accordance with the provisions of law relating to the administrative
hearing commission. A finding of the administrative hearing commissioner
that the licensee has performed or attempted to perform one or more of
the foregoing acts shall be grounds for the suspension or revocation of
his license by the commission, or the placing of the licensee on
probation on such terms and conditions as the real estate commission
shall deem appropriate.

4. The commission may prepare a digest of the decisions of the
administrative hearing commission which concern complaints against
licensed brokers or salespersons and cause such digests to be mailed to
all licensees periodically. Such digests may also contain reports as to
new or changed rules adopted by the commission and other information of
significance to licensees.

5. Notwithstanding other provisions of this section, a broker or
salesperson's license shall be revoked, or in the case of an applicant,
shall not be issued, if the licensee or applicant has pleaded guilty to
or been found guilty of any of the following offenses or offenses of a
similar nature established under the laws of this, any other state, the
United States, or any other country, notwithstanding whether sentence is
imposed:

(1) Any dangerous felony as defined under section 556.061, RSMo, or
murder in the first degree;

(2) Any of the following sexual offenses: rape, statutory rape in the
first degree, statutory rape in the second degree, sexual assault,
forcible sodomy, statutory sodomy in the first degree, statutory sodomy
in the second degree, child molestation in the first degree, child
molestation in the second degree, deviate sexual assault, sexual
misconduct involving a child, sexual misconduct in the first degree,
sexual abuse, enticement of a child, or attempting to entice a child;

(3) Any of the following offenses against the family and related
offenses: incest, abandonment of a child in the first degree, abandonment
of a child in the second degree, endangering the welfare of a child in
the first degree, abuse of a child, using a child in a sexual
performance, promoting sexual performance by a child, or trafficking in
children; and

(4) Any of the following offenses involving child pornography and related
offenses: promoting obscenity in the first degree, promoting obscenity in
the second degree when the penalty is enhanced to a class D felony,
promoting child pornography in the first degree, promoting child
pornography in the second degree, possession of child pornography in the
first degree, possession of child pornography in the second degree,
furnishing child pornography to a minor, furnishing pornographic
materials to minors, or coercing acceptance of obscene material.

6. A person whose license was revoked under subsection 5 of this section
may appeal such revocation to the commission. Notice of such appeal must
be received by the commission within ninety days of notice of revocation.
Failure of a person whose license was revoked to notify the commission of
his or her intent to appeal waives all rights to appeal the revocation.
Upon notice of such person's intent to appeal, a hearing shall be held
before the administrative hearing commissioner. (L. 1941 p. 424 § 10,
A.L. 1978 S.B. 811, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2005 H.B.
174)

(1974) Failure to inform client of his continued liability on a mortgage
which broker was to have transferred to a company of which broker was an
officer was grounds for suspension under subdivision (7) of this section.
Missouri Real Estate Commission v. Steger (Mo.), 509 S.W.2d 47.

(1976) Held, it is not necessary to show damages resulting from improper
conduct to suspend or revoke license under this section. Boyle v.
Missouri Real Estate Commission (A.), 537 S.W.2d 603.

(1994) Statute's plain language prohibits inducements communicated
directly to customers. Incentive program where certain sales commissions
were accumulated and awarded to real estate agent whose name was selected
at drawing, did not violate statute's prohibition against inducements to
secure customers. Gordon A. v. Real Estate Commission, 878 S.W.2d 466
(Mo. App. E.D.).

1. Each broker who holds funds belonging to another shall
maintain such funds in a separate bank account in a financial institution
which shall be designated an escrow or trust account. This requirement
includes funds in which he or she may have some future interest or claim.
Such funds shall be deposited promptly unless all parties having an
interest in the funds have agreed otherwise in writing. No broker shall
commingle his or her personal funds or other funds in this account with
the exception that a broker may deposit and keep a sum not to exceed one
thousand dollars in the account from his or her personal funds, which sum
shall be specifically identified and deposited to cover service charges
related to the account.

2. Each broker shall notify the commission of his or her intent not to
maintain an escrow account, or the name of the financial institution in
which each escrow or trust account is maintained, the name and number of
each such account, and shall file written authorization directed to each
financial institution to allow the commission or its authorized
representative to examine each such account; such notification and
authorization shall be submitted on forms provided therefor by the
commission. A broker shall notify the commission within ten business days
of any change of his or her intent to maintain an escrow account, the
financial institution, account numbers, or change in account status.

3. In conjunction with each escrow or trust account a broker shall
maintain books, records, contracts and other necessary documents so that
the adequacy of said account may be determined at any time. The account
and other records shall be provided to the commission and its duly
authorized agents for inspection at all times during regular business
hours at the broker's usual place of business.

4. Whenever the ownership of any escrow moneys received by a broker
pursuant to this section is in dispute by the parties to a real estate
sales transaction, the broker shall report and deliver the moneys to the
state treasurer within three hundred sixty-five days of the date of the
initial projected closing date in compliance with sections 447.500 to
447.595, RSMo. The parties to a real estate sales transaction may agree
in writing that the funds are not in dispute and shall notify the broker
who is holding the funds.

5. A broker shall not be entitled to any money or other money paid to him
or her in connection with any real estate sales transaction as part or
all of his or her commission or fee until the transaction has been
consummated or terminated, unless agreed in writing by all parties to the
transaction.

6. When, through investigations or otherwise, the commission has
reasonable cause to believe that a licensee has acted, is acting or is
about to act in violation of this section, the commission may, through
the attorney general or any assistants designated by the attorney
general, proceed in the name of the commission to institute suit to
enjoin any act or acts in violation of this section.

7. Any such suit shall be commenced in either the county in which the
defendant resides or in the county in which the defendant has acted, is
acting or is about to act in violation of this section.

8. In such proceeding, the court shall have power to issue such temporary
restraining or injunction orders, without bond, which are necessary to
protect the public interest. Any action brought under this section shall
be in addition to and not in lieu of any other provisions of this
chapter. In such action, the commission or the state need not allege or
prove that there is no adequate remedy at law or that any individual has
suffered any economic injury as a result of the activity sought to be
enjoined. (L. 1978 S.B. 811, A.L. 1981 S.B. 16, A.L. 1986 H.B. 1511, A.L.
1987 S.B. 175, A.L. 2003 H.B. 600 merged with S.B. 675, A.L. 2004 H.B.
985)

The commission may refuse to issue a license to any person who
is known by it to have been found guilty of forgery, embezzlement,
obtaining money under false pretenses, extortion, criminal conspiracy to
defraud, or other like offense, or to any association or partnership of
which the person is a member, or to any corporation of which the person
is an officer or in which as a stockholder the person has or exercises a
controlling interest either directly or indirectly. (L. 1941 p. 424 § 14,
A.L. 1978 S.B. 811, A.L. 1993 S.B. 18)

1. There is hereby created the "Missouri Real Estate
Commission", to consist of seven persons, citizens of the United States
and residents of this state for at least one year prior to their
appointment, for the purpose of carrying out and enforcing the provisions
of sections 339.010 to 339.180 and sections 339.710 to 339.860. The
commission shall be appointed by the governor with the advice and consent
of the senate. All members, except one voting public member, of the
commission must have had at least ten years' experience as a real estate
broker prior to their appointment. The terms of the members of the
commission shall be for five years, and until their successors are
appointed and qualified. Members to fill vacancies shall be appointed by
the governor for the unexpired term. The president of the Missouri
Association of Realtors in office at the time shall, at least ninety days
prior to the expiration of the term of the board member, other than the
public member, or as soon as feasible after the vacancy on the board
otherwise occurs, submit to the director of the division of professional
registration a list of five realtors qualified and willing to fill the
vacancy in question, with the request and recommendation that the
governor appoint one of the five persons so listed, and with the list so
submitted, the president of the Missouri Association of Realtors shall
include in his or her letter of transmittal a description of the method
by which the names were chosen by that association. The commission shall
organize annually by selecting from its members a chairman. The
commission may do all things necessary and convenient for carrying into
effect the provisions of sections 339.010 to 339.180 and sections 339.710
to 339.860, and may promulgate necessary rules compatible with the
provisions of sections 339.010 to 339.180 and sections 339.710 to
339.860. Each member of the commission shall receive as compensation an
amount set by the commission not to exceed seventy-five dollars for each
day devoted to the affairs of the commission, and shall be entitled to
reimbursement of his or her expenses necessarily incurred in the
discharge of his or her official duties. The governor may remove any
commissioner for cause.

2. The public member shall be at the time of his or her appointment a
citizen of the United States; a resident of this state for a period of
one year and a registered voter; a person who is not and never was a
member of any profession licensed or regulated pursuant to sections
339.010 to 339.180 and sections 339.710 to 339.860 or the spouse of such
person; and a person who does not have and never has had a material,
financial interest in either the providing of the professional services
regulated by sections 339.010 to 339.180 and sections 339.710 to 339.860,
or an activity or organization directly related to any profession
licensed or regulated pursuant to sections 339.010 to 339.180 and
sections 339.710 to 339.860. All members, including public members, shall
be chosen from lists submitted by the director of the division of
professional registration. The duties of the public member shall not
include the determination of the technical requirements to be met for
licensure or whether any person meets such technical requirements or of
the technical competence or technical judgment of a licensee or a
candidate for licensure.

3. The commission shall employ such board personnel, as defined in
subdivision (4) of subsection 15 of section 620.010, RSMo, as it shall
deem necessary to discharge the duties imposed by the provisions of
sections 339.010 to 339.180 and sections 339.710 to 339.860.

4. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in sections
339.010 to 339.180 and sections 339.710 to 339.860 shall become effective
only if it complies with and is subject to all of the provisions of
chapter 536, RSMo, and, if applicable, section 536.028, RSMo. All
rulemaking authority delegated prior to August 28, 1999, is of no force
and effect and repealed. Nothing in this section shall be interpreted to
repeal or affect the validity of any rule filed or adopted prior to
August 28, 1999, if it fully complied with all applicable provisions of
law. This section and chapter 536, RSMo, are nonseverable and if any of
the powers vested with the general assembly pursuant to chapter 536,
RSMo, to review, to delay the effective date or to disapprove and annul a
rule are subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 1999, shall
be invalid and void. (L. 1941 p. 424 § 4, A.L. 1963 p. 433, A.L. 1967 p.
444, A.L. 1981 S.B. 16, A.L. 1988 H.B. 1573, A.L. 1993 S.B. 18 merged
with S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 H.B. 343, A.L. 2004 H.B. 985)

CROSS REFERENCE: Public member, additional duties, RSMo 620.132

No rule or portion of a rule promulgated under the authority of
this chapter shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1993 S.B. 18,
A.L. 1995 S.B. 3)

The commission may sue and be sued in its official name, and
shall have a seal which shall be affixed to certified copies of records
and papers on file, and to such other instruments as the commission may
direct, and all courts shall take judicial notice of such seal. Copies of
records and proceedings of the commission, and of all papers on file in
its office, certified under the said seal shall be received as evidence
in all courts of record. The office of the commission shall be at
Jefferson City. (L. 1941 p. 424 § 5, A.L. 2004 H.B. 985)

1. No real estate broker shall knowingly employ or engage any
person to perform any service to the broker for which licensure as a real
estate broker or a real estate salesperson is required pursuant to
sections 339.010 to 339.180 and sections 339.710 to 339.860, unless such
a person is a licensed real estate salesperson or a licensed real estate
broker as required by section 339.020, or a person regularly engaged in
the real estate brokerage business outside of the state of Missouri. Any
such action shall be unlawful as provided by section 339.100 and shall be
grounds for investigation, complaint, proceedings and discipline as
provided by section 339.100.

2. No real estate licensee shall pay any part of a fee, commission or
other compensation received by the licensee to any person for any service
rendered by such person to the licensee in buying, selling, exchanging,
leasing, renting or negotiating a loan upon any real estate, unless such
a person is a licensed real estate salesperson regularly associated with
such a broker, or a licensed real estate broker, or a person regularly
engaged in the real estate brokerage business outside of the state of
Missouri.

3. Notwithstanding the provisions of subsections 1 and 2 of this section,
any real estate broker who shall refuse to pay any person for services
rendered by such person to the broker, with the consent, knowledge and
acquiescence of the broker that such person was not licensed as required
by section 339.020, in buying, selling, exchanging, leasing, renting or
negotiating a loan upon any real estate for which services a license is
required, and who is employed or engaged by such broker to perform such
services, shall be liable to such person for the reasonable value of the
same or similar services rendered to the broker, regardless of whether or
not the person possesses or holds any particular license, permit or
certification at the time the service was performed. Any such person may
bring a civil action for the reasonable value of his services rendered to
a broker notwithstanding the provisions of section 339.160. (L. 1941 p.
424 § 15, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985)

(1955) Contract for division of commission on sale by broker and person
not licensed under this law is void and unenforceable and such is true,
although the nonlicensed person is within exception provided in
subsection 3 of § 339.010. Gilbert v. Edwards (A.), 276 S.W.2d 611.

(1956) Where individual was involved in eight real estate transactions in
six months without having license, he was acting as broker and unpaid
notes given in payment of commission for sale would be canceled because
without consideration. Staples v. O'Reilly (A.) 288 S.W.2d 670.

1. No licensee shall pay a commission or any other valuable
consideration unless reasonable cause for payment exists or a contractual
relationship exists with the licensee. Reasonable cause does not exist
unless the party seeking the compensation or other valuable consideration
actually introduces the business to the real estate licensee before a
relationship is established between the licensee and a principal to the
transaction, including, but not limited to:

(1) A subagency relationship;

(2) A transaction brokerage relationship; or

(3) A cooperative brokerage relationship.

2. It shall be a violation of this section to:

(1) Solicit or request compensation or other valuable consideration from
a real estate licensee without reasonable cause;

(2) Interfere with a written representation relationship of another
licensee or attempt to induce a customer or client to break a written
representation agreement with another licensee for the purpose of
replacing such agreement with a new representation agreement in order to
obtain a commission or other valuable consideration. Interfering with the
written representation agreement of another licensee includes, but is not
limited to:

(a) Threatening to reduce or withhold employee relocation benefits or to
take other action adverse to the interests of a customer or client of a
real estate licensee because of an existing representation agreement in
order to obtain compensation or other valuable consideration; or

(b) Counseling a customer or client of another real estate licensee on
how to terminate or amend an existing relationship agreement in order to
obtain a commission or other valuable consideration.

Communicating corporate relocation policy or benefits to a transferring
employee shall not be considered interference as long as the
communication does not involve advice or encouragement on how to
terminate or amend an existing relationship agreement.

3. The fact that reasonable cause to solicit or request a commission or
other valuable consideration exists does not necessarily mean that a
legal right to the commission or other valuable consideration exists.

4. Any violation of this section shall be grounds for investigation,
complaint, proceedings and discipline pursuant to section 339.100.

5. Nothing in this chapter shall prevent any consumer from joining any
organization in which one of the benefits of membership may be that such
organization can negotiate a reduced rate or price for real estate costs
for its members nor shall it prohibit an inducement to the buyer or
lessee paid and supplied by the owner of the property directly to a buyer
or lessee of the property.

6. Nothing in this section shall be construed to limit the ability of an
employer to direct an employee to follow the terms of the relocation
package provided for that employee, nor shall it be construed to limit an
employer's choice of relocation service providers. (L. 2001 H.B. 266)

No person, partnership, corporation, or association engaged
within this state in the business or acting in the capacity of a real
estate broker or real estate salesperson shall bring or maintain an
action in any court in this state for the recovery of compensation for
services rendered in the buying, selling, exchanging, leasing, renting or
negotiating a loan upon any real estate without alleging and proving that
such person, partnership, corporation, or association was a licensed real
estate broker or salesperson at the time when the alleged cause of action
arose. (L. 1941 p. 424 § 16, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985)

(1959) Contract to sell earth to be removed from land did not involve
title or interest in land and was therefore not subject to this law. Law
v. Taylor (A.), 330 S.W.2d 170.

(1967) Purpose of legislature in closing courts to unlicensed brokers was
to establish strong policy so that neither a contract nor lawful efforts
could provide pecuniary benefits to such broker. Miller Nationwide Real
Estate Corporation v. Sikeston Motel Corporation (Mo.), 418 S.W.2d 173.

(1971) In action by plaintiff's real estate association to recover a
commission trial court properly overruled defendant's motion for judgment
and sustained its motion for new trial only on issue as to whether
plaintiff was licensed since although plaintiff failed to allege and
prove plaintiff was licensed real estate broker, there was evidence in
the record from which it could be inferred that plaintiff would be able
to present essential evidence that it was licensed. Reed Schmidt and
Assoc. v. Carafoil Furniture Co. (A.), 469 S.W.2d 876.

(1977) Held that a person who neither advertised nor held himself out as
a real estate broker or salesman was entitled to payment under an
agreement between himself and a real estate company whereby he was to
receive payment for bringing buyer to real estate company. White v.
Miriam Realty Co. (A.), 547 S.W.2d 184.

Any person or corporation knowingly violating any provision of
sections 339.010 to 339.180 and sections 339.710 to 339.860 shall be
guilty of a class B misdemeanor. Any officer or agent of a corporation,
or member or agent of a partnership or association, who shall knowingly
and personally participate in or be an accessory to any violation of
sections 339.010 to 339.180 and sections 339.710 to 339.860, shall be
guilty of a class B misdemeanor. This section shall not be construed to
release any person from civil liability or criminal prosecution under any
other law of this state. The commission may cause complaint to be filed
for violation of section 339.020 in any court of competent jurisdiction,
and perform such other acts as may be necessary to enforce the provisions
hereof. (L. 1941 p. 424 § 17, A.L. 1981 S.B. 16, A.L. 1993 S.B. 18, A.L.
2004 H.B. 985)

1. It shall be unlawful for any person or entity not licensed
under this chapter to perform any act for which a real estate license is
required. Upon application by the commission, and the necessary burden
having been met, a court of general jurisdiction may grant an injunction,
restraining order or other order as may be appropriate to enjoin a person
or entity from:

(1) Offering to engage or engaging in the performance of any acts or
practices for which a permit or license is required by this chapter upon
a showing that such acts or practices were performed or offered to be
performed without a permit or license; or

(2) Engaging in any practice or business authorized by a permit or
license issued pursuant to this chapter upon a showing that the holder
presents a substantial probability of serious danger to the health,
safety or welfare of any person with, or who is considering obtaining, a
legal interest in real property in this state.

2. Any such action shall be commenced either in the county in which such
conduct occurred or in the county in which the defendant resides.

3. Any action brought under this section shall be in addition to and not
in lieu of any penalty provided by this chapter and may be brought
concurrently with other actions to enforce this chapter. (L. 1978 S.B.
811, A.L. 1981 S.B. 16, A.L. 2004 H.B. 985)

1. A real estate licensee shall be immune from liability for
statements made by engineers, land surveyors, geologists, environmental
hazard experts, wood-destroying inspection and control experts, termite
inspectors, mortgage brokers, home inspectors, or other home inspection
experts unless:

(1) The statement was made by a person employed by the licensee or the
broker with whom the licensee is associated;

(2) The person making the statement was selected by and engaged by the
licensee; or

(3) The licensee knew prior to closing that the statement was false or
the licensee acted in reckless disregard as to whether the statement was
true or false.

2. A real estate licensee shall not be the subject of any action and no
action shall be instituted against a real estate licensee for any
information contained in a seller's disclosure for residential,
commercial, industrial, farm, or vacant real estate furnished to a buyer,
unless the real estate licensee is a signatory to such or the licensee
knew prior to closing that the statement was false or the licensee acted
in reckless disregard as to whether the statement was true or false.

3. A real estate licensee acting as a courier of documents referenced in
this section shall not be considered to be making the statements
contained in such documents. (L. 2004 S.B. 1211 § 1)

This act shall be known and may be cited as the "Missouri
Certified and Licensed Real Estate Appraisers Act". (L. 1990 H.B. 1456 §
2)

Effective 4-30-90

1. Beginning July 1, 1999, it shall be unlawful for any person
in this state to act as a real estate appraiser, or to directly or
indirectly, engage or assume to engage in the business of real estate
appraisal or to advertise or hold himself or herself out as engaging in
or conducting such business without first obtaining a license or
certificate issued by the Missouri real estate appraisers commission as
provided in sections 339.500 to 339.549.

2. No license or certificate shall be issued pursuant to sections 339.500
to 339.549 to a partnership, association, corporation, firm or group;
except that, nothing in this section shall preclude a state-licensed or
state-certified real estate appraiser from rendering appraisals for, or
on behalf of, a partnership, association, corporation, firm or group,
provided the appraisal report is prepared by, or under the immediate
personal direction of the state-licensed or state-certified real estate
appraiser and is reviewed and signed by such state-licensed or state-
certified appraiser.

3. Any person who is not state licensed or state certified pursuant to
sections 339.500 to 339.549 may assist a state-licensed or state-
certified real estate appraiser in the performance of an appraisal;
provided that, such person is personally supervised by a state-licensed
or state-certified appraiser and provided further that any appraisal
report rendered in connection with the appraisal is reviewed and signed
by the state-licensed or state-certified real estate appraiser.

4. Nothing in sections 339.500 to 339.549 shall abridge, infringe upon or
otherwise restrict the right to use the term "certified ad valorem tax
appraiser" or any similar term by persons performing ad valorem tax
appraisals.

5. The provisions of sections 339.500 to 339.549 shall not be construed
to require a license or certificate for:

(1) Any person, partnership, association or corporation who, as owner,
performs appraisals of property owned by such person, partnership,
association or corporation;

(2) Any licensed real estate broker or salesperson who prepares a
comparative market analysis or a broker price opinion;

(3) Any employee of a local, state or federal agency who performs
appraisal services within the scope of his or her employment; except
that, this exemption shall not apply where any local, state or federal
agency requires an employee to be registered, licensed or certified to
perform appraisal services;

(4) Any employee of a federal or state-regulated lending agency or
institution;

(5) Any agent of a federal or state-regulated lending agency or
institution in a county of third or fourth classification. (L. 1998 H.B.
1601, et al.)

As used in sections 339.500 to 339.549, the following words and
phrases mean, unless the context clearly indicates otherwise:

(1) "Appraisal" or "real estate appraisal", an objective analysis,
evaluation, opinion, or conclusion relating to the nature, quality, value
or utility of specified interests in, or aspects of, identified real
estate. An appraisal may be classified by subject matter into either a
valuation or an analysis;

(2) "Appraisal assignment", an engagement for which a person is employed
or retained to act as a disinterested third party in rendering an
objective appraisal;

(3) "Appraisal foundation", the organization of the same name that was
incorporated as an Illinois not-for-profit corporation on November 20,
1987, whose operative boards are the appraisal standards board and the
appraiser qualifications board;

(4) "Appraisal report", any communication, written or oral, of an
appraisal. The purpose of an appraisal is immaterial, therefore valuation
reports, real estate counseling reports, real estate tax counseling
reports, real estate offering memoranda, mortgage banking offers, highest
and best use studies, market demand and economic feasibility studies and
all other reports communicating an appraisal analysis, opinion or
conclusion are "appraisal reports", regardless of title;

(5) "Appraisal standards board (ASB)", the independent board of the
appraisal foundation which promulgates the generally accepted standards
of the appraisal profession and the uniform standards of professional
appraisal practices;

(6) "Appraiser qualifications board (AQB)", the independent board of the
appraisal foundation which establishes minimum experience, education and
examination criteria for state licensing of appraisers;

(7) "Broker price opinion", an opinion of value, prepared by a real
estate licensee for a fee, that includes, but is* not limited to,
analysis of competing properties, comparable sold properties, recommended
repairs and costs or suggested marketing techniques. A broker price
opinion is not an appraisal and shall specifically state it is not an
appraisal;

(8) "Certificate", the document issued by the Missouri real estate
appraisers commission evidencing that the person named therein has
satisfied the requirements for certification as a state-certified real
estate appraiser and bearing a certificate number assigned by the
commission;

(9) "Certificate holder", a person certified by the commission pursuant
to the provisions of sections 339.500 to 339.549;

(10) "Certified appraisal report", an appraisal prepared or signed by a
state-certified real estate appraiser. A certified appraisal report
represents to the public that it meets the appraisal standards defined in
sections 339.500 to 339.549;

(11) "Commission", the Missouri real estate appraisers commission,
created in section 339.507;

(12) "Comparative market analysis", the analysis of sales of similar
recently sold properties in order to derive an indication of the probable
sales price of a particular property undertaken by a licensed real estate
broker or agent, for his or her principal. A comparative market analysis
is not an appraisal and shall specifically state it is not an appraisal;

(13) "Disinterested third party" shall not exclude any state- certified
real estate appraiser or state-licensed real estate appraiser employed or
retained by any bank, savings association, credit union, mortgage banker
or other lender to perform appraisal assignments, provided that the
appraisal assignments are rendered with respect to loans to be extended
by the bank, savings association, credit union, mortgage banker or other
lender, and provided further that the state-certified real estate
appraiser or state-licensed real estate appraiser is not requested or
required to report a predetermined analysis or opinion of value;

(14) "License" or "licensure", a license or licensure issued pursuant to
the provisions of sections 339.500 to 339.549 evidencing that the person
named therein has satisfied the requirements for licensure as a state-
licensed real estate appraiser and bearing a license number assigned by
the commission;

(15) "Real estate", an identified parcel or tract of land, including
improvements, if any;

(16) "Real estate appraiser" or "appraiser", a person who for a fee or
valuable consideration develops and communicates real estate appraisals
or otherwise gives an opinion of the value of real estate or any interest
therein;

(17) "Real estate appraising", the practice of developing and
communicating real estate appraisals;

(18) "Real property", the interests, benefits and rights inherent in the
ownership of real estate;

(19) "Residential real estate", any parcel of real estate, improved or
unimproved, that is primarily residential in nature and that includes or
is intended to include a residential structure containing not more than
four dwelling units and no other improvements except those which are
typical residential improvements that support the residential use for the
location and property type. A residential unit is a condominium, town
house or cooperative complex, or a planned unit development is considered
to be residential real estate. Subdivisions are not considered
residential real estate. Individual parcels of property located within a
residential subdivision shall be considered residential property;

(20) "Specialized appraisal services", appraisal services which do not
fall within the definition of appraisal assignment. The term "specialized
services" may include valuation work and analysis work. Regardless of the
intention of the client or employer, if the appraiser is acting as a
disinterested third party in rendering an unbiased analysis, opinion or
conclusion, the work is classified as an appraisal assignment and not
specialized services;

(21) "State-certified general real estate appraiser", a person who holds
a current, valid certificate as a state-certified general real estate
appraiser issued pursuant to the provisions of sections 339.500 to
339.549;

(22) "State-certified residential real estate appraiser", a person who
holds a current, valid certificate as a state-certified residential real
estate appraiser issued pursuant to the provisions of sections 339.500 to
339.549;

(23) "State-licensed real estate appraiser", a person who holds a
current, valid license as a state-licensed real estate appraiser pursuant
to the provisions of sections 339.500 to 339.549;

(24) "Subdivision", a tract of land that has been divided into blocks or
plots with streets, roadways, open areas and other facilities appropriate
to its development as residential, commercial or industrial sites;

(25) "Temporary appraiser licensure or certification", the issuance of a
temporary license or certificate by the commission to a person licensed
or certified in another state who enters this state for the purpose of
completing a particular appraisal assignment. (L. 1990 H.B. 1456 § 3,
A.L. 1998 H.B. 1601, et al.)

*Word "is" does not appear in original rolls.

1. It shall be unlawful for any person in this state to assume
or use the title "state-licensed real estate appraiser" or "state-
certified real estate appraiser", or any title, designation or
abbreviation likely to create the impression of licensure or
certification by the state of Missouri as a real estate appraiser, unless
the person has first been licensed or certified by the Missouri real
estate appraisers commission pursuant to the provisions of sections
339.500 to 339.549. The commission may adopt for the exclusive use of
persons licensed or certified pursuant to sections 339.500 to 339.549, a
seal, symbol or other mark identifying the user as a state-licensed or
state-certified real estate appraiser.

2. Any person certified as a real estate appraiser by an appraisal trade
organization, on August 28, 1998, shall retain the right to use the term
"certified" or any similar term in identifying himself or herself to the
public; provided that, in each instance wherein such term is used, the
name of the certifying organization or body is prominently and
conspicuously displayed immediately adjacent to such term, and provided
further that the use of such term does not create the impression of
certification by the state of Missouri. Nothing in this section shall
entitle any person certified only by a trade organization, and not
certified or licensed by the state, the right to conduct any appraisal.

3. The term "state-licensed real estate appraiser", "state-certified real
estate appraiser" or any similar term shall not be used following or
immediately in connection with the name of a partnership, association,
corporation or other firm or group or in such manner that it might create
the impression of licensure or certification by the state of Missouri as
a real estate appraiser. (L. 1990 H.B. 1456 § 4, A.L. 1998 H.B. 1601, et
al.)

1. There is hereby created within the division of professional
registration of the department of economic development the "Missouri Real
Estate Appraisers Commission", which shall consist of seven members
appointed by the governor with the advice and consent of the senate, six
of whom shall be appraiser members, and one shall be a public member.
Each member shall be a resident of this state and a registered voter for
a period of one year prior to the person's appointment. The president of
the Missouri Appraiser Advisory Council in office at the time shall, at
least ninety days prior to the expiration of the term of the commission
member, other than the public member, or as soon as feasible after the
vacancy on the commission otherwise occurs, submit to the director of the
division of professional registration a list of five appraisers qualified
and willing to fill the vacancy in question, with the request and
recommendation that the governor appoint one of the five persons so
listed, and with the list so submitted, the president of the Missouri
Appraiser Advisory Council shall include in his or her letter of
transmittal a description of the method by which the names were chosen by
that association. The public member shall have never been engaged in the
businesses of real estate appraisal, real estate sales or making loans
secured by real estate. The governor shall designate one of the appraiser
appointees to be chairperson.

2. The real estate appraiser members appointed by the governor shall be
Missouri residents who have real estate appraisal experience in the state
of Missouri for not less than five years immediately preceding their
appointment. The real estate appraiser members appointed to the
commission shall be designated members in good standing of nationally
recognized real estate appraisal organizations that required, as of June
1, 1988, in order to become a designated member, appraisal experience,
education and testing, and recertification that is at least equal to that
required for certification or licensure pursuant to sections 339.500 to
339.549, provided that not more than one member of the commission shall
be a designated member of the same nationally recognized real estate
appraisal organization. Successor appraiser members of the commission
shall be appointed from the registry of state-certified real estate
appraisers and state-licensed real estate appraisers and not more than
one successor appraiser member of the commission shall be a designated
member in good standing of the same nationally recognized real estate
appraisal organization as provided in this subsection. The governor shall
not exclude a state-certified real estate appraiser or a state-licensed
real estate appraiser from appointment as a successor appraiser member of
the commission by virtue of membership or lack of membership of the
state-certified real estate appraiser or state-licensed real estate
appraiser in any particular real estate appraisal organization.

3. Of the initial members appointed, two members shall be appointed for
one-year terms, two members for two-year terms, and three members for
three-year terms, provided that the initial public member shall be
appointed for a three-year term. All successor members shall be appointed
for three-year terms. All members shall serve until their successors have
been appointed and qualified. Vacancies occurring in the membership of
the commission for any reason shall be filled by appointment by the
governor for the unexpired term. Upon expiration of their terms, members
of the commission shall continue to hold office until the appointment and
qualification of their successors. No more than four members of the
commission shall be members of the same political party. No person shall
be appointed for more than two consecutive terms. The governor may remove
a member for cause. The executive director of the commission shall be
employed by the division of professional registration, subject to
approval and confirmation by the commission.

4. The commission shall meet at least once each calendar quarter to
conduct its business. The location in Missouri of future meetings shall
be decided by a vote of the members present at the current meeting. The
executive director shall give written notice by certified mail to each
member of the time and place of each meeting of the commission at least
ten days before the scheduled date of the meeting, and notice of any
special meeting shall state the specific matters to be considered in the
special meeting which is not a regular quarterly meeting. A quorum of the
commission shall consist of four members.

5. Each member of the commission shall be entitled to a per diem
allowance of fifty dollars for each meeting of the commission at which
the member is present and shall be entitled to reimbursement of the
member's expenses necessarily incurred in the discharge of the member's
official duties. Each member of the commission shall be entitled to
reimbursement of travel expenses necessarily incurred in attending
meetings of the commission. (L. 1990 H.B. 1456 § 5, A.L. 1993 S.B. 18,
A.L. 1997 S.B. 141, A.L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343)

The commission shall have the following powers and duties:

(1) To establish educational programs and research projects related to
the appraisal of real estate;

(2) To establish administrative procedures for processing applications
and issuing certificates of state-certified real estate appraisers and
licenses of state-licensed real estate appraisers and for conducting
disciplinary proceedings pursuant to the provisions of sections 339.500
to 339.549; and shall have authority to determine who meets the criteria
for certification and licensure, and shall have authority to renew,
censure, suspend or revoke certifications and licenses;

(3) To further define by regulation, with respect to each category of
state-certified real estate appraiser, and for state-licensed real estate
appraisers, the type of educational experience, appraisal experience and
equivalent experience that will meet the statutory requirements of
sections 339.500 to 339.549; provided that such standards shall be
equivalent to the minimum criteria for certification and licensure issued
by the appraiser qualifications board of the appraisal foundation and the
provisions of section 339.517;

(4) To further define by regulation, with respect to each category of
state-certified real estate appraiser, and for state-licensed real estate
appraisers, the continuing education requirements for the renewal of
certification and licensure that will meet the statutory requirements
provided in section 339.530;

(5) To adopt standards for the development and communication of real
estate appraisals and to adopt regulations explaining and interpreting
the standards; provided that such standards shall meet the standards
specified by the appraisal standards board of the appraisal foundation;

(6) To establish an examination for each category of state-certified real
estate appraiser, and for state-licensed real estate appraisers, to
provide or procure appropriate examination questions and answers, and to
establish procedures for grading examinations; provided that such
standards for examinations for certification shall meet the minimum
criteria specified by the appraiser qualifications board of the appraisal
foundation;

(7) To maintain a registry of the names and addresses of state- certified
real estate appraisers and state-licensed real estate appraisers; and

(8) To perform such other functions and duties as may be necessary to
carry out the provisions of sections 339.500 to 339.549. (L. 1990 H.B.
1456 § 6, A.L. 1998 H.B. 1601, et al.)

1. There shall be three classes of licensure:

(1) State-licensed real estate appraiser;

(2) Certified residential real estate appraiser; and

(3) Certified general real estate appraiser.

2. Persons desiring to obtain licensure as a state-licensed real estate
appraiser or certification as a certified residential or certified
general real estate appraiser shall make written application to the
commission on such forms as are prescribed by the commission setting
forth the applicant's qualifications for licensure or certification and
present to the commission satisfactory proof that the person is of good
moral character and bears a good reputation for honesty, integrity and
fair dealing.

3. Each applicant for licensure as a state-licensed real estate
appraiser, a state-certified residential real estate appraiser or a
state- certified general real estate appraiser shall have demonstrated
the knowledge and competence necessary to perform appraisals of
residential and other real estate as the commission may prescribe by rule
not inconsistent with any requirements imposed by the appraiser
qualifications board. The commission shall prescribe by rule procedures
for obtaining and maintaining approved courses of instruction. The
commission shall, also, prescribe the hours of training in real estate
appraisal practices and the minimum level of experience acceptable for
licensure or certification.

4. Persons who receive certification after March 30, 1991, or who have a
state license or certificate to engage in business as a real estate
appraiser issued by the commission, shall receive the same license or
certificate from the commission as such persons are currently holding
without further education, experience, examination or application fee,
but shall be required to meet all continuing education requirements
prescribed by the commission. (L. 1990 H.B. 1456 § 7, A.L. 1998 H.B.
1601, et al.)

1. Applications for examination, original certification and
licensure, and renewal certification and licensure shall be made in
writing to the commission on forms provided by the commission. The
application shall specify the classification of certification, or
licensure, for which application is being made.

2. Appropriate fees shall accompany all applications for examination,
original certification or licensure, and renewal certification or
licensure; provided that such fees shall be in amounts set by the
commission in order to offset the cost and expense of administering
sections 339.500 to 339.549, and in amounts to be determined by the
commission with reference to the requirements of Section 1109 of the
United States Public Law 101-73, as later codified and as may be amended.
All fees collected pursuant to this subsection shall be collected by the
commission and deposited with the state treasurer into a fund to be known
as the "Missouri Real Estate Appraisers Fund". The provisions of section
33.080, RSMo, relating to the transfer of unexpended balances to the
general revenue fund shall not apply to the Missouri real estate
appraisers fund.

3. At the time of filing an application for certification or licensure,
each applicant shall sign a pledge to comply with the standards set forth
in sections 339.500 to 339.549 and state that he or she understands the
types of misconduct for which disciplinary proceedings may be initiated
against a state-certified real estate appraiser or a state- licensed real
estate appraiser. (L. 1990 H.B. 1456 § 8, A.L. 1990 H.B. 1788 § 8, A.L.
1998 H.B. 1601, et al.)

1. An original certification as a state-certified real estate
appraiser may be issued to any person who meets the qualification
requirements for certification and who has achieved a passing grade on a
written examination which is consistent with and equivalent to the
uniform state certification examination issued or endorsed by the
appraiser qualifications board of the appraisal foundation and the
commission.

2. An original license as a state-licensed real estate appraiser may be
issued to any person who meets the qualification requirements for
licensure and who has achieved a passing grade on a written examination
which is consistent with and equivalent to the uniform state licensure
examination issued or endorsed by the appraiser qualifications board of
the appraisal foundation and the commission.

3. If an applicant is not certified or licensed within two years after
passing an examination given pursuant to the provisions of this section,
he or she shall be required to retake the examination prior to
certification or licensure.

4. An applicant who has failed an examination taken pursuant to this
section may apply for reexamination by submitting an application with the
appropriate examination fee within ninety days after the date of having
last taken and failed the examination. (L. 1990 H.B. 1456 § 9, A.L. 1998
H.B. 1601, et al., A.L. 2005 H.B. 738)

Effective 7-6-05

1. Any person who files with the commission an application for
state licensure or certification as a real estate appraiser shall be
required to pass an examination to demonstrate his or her competence. The
commission shall, also, make such investigation as is required to verify
such qualifications. If the results of the investigation are satisfactory
to the commission and the applicant is otherwise qualified, then the
commission shall issue to the applicant a license or certificate
authorizing the applicant to act as a state-licensed real estate
appraiser or a state-certified real estate appraiser in Missouri. If the
results of the investigation are unsatisfactory, action on the
application may be deferred pending a hearing before the real estate
appraisal commission.

2. The commission shall promulgate and adopt regulations which prescribe
and define the subjects related to real estate appraisal and the
experience in real estate appraisal that will satisfy the qualification
requirements for licensure or certification. The commission may approve
courses of instruction in an accredited college or university relating to
the appraisal of real estate and related disciplines including, but not
limited to, economics, finance, statistics, principles of capitalization,
real estate and such other areas deemed relevant by the commission. The
commission may also approve similar courses of instruction offered by
recognized professional appraisal organizations and real estate
organizations and agencies of the state and federal government, and other
qualified providers which may be approved by the commission. The
commission may require by rule that some or all of an applicant's
qualifying experience in real estate appraising be obtained on appraisals
of real estate located in this state.

3. Each applicant for certification or licensure shall furnish under oath
a detailed statement of the real estate appraisal assignments or file
memoranda for each year in which real estate appraisal experience is
claimed by the applicant. Upon request, the applicant shall furnish to
the commission a sample of appraisal reports or file memoranda which the
applicant has prepared in the course of his or her appraisal practice.

4. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2003, shall be invalid and void. (L. 1990 H.B. 1456 § 10, A.L. 1990 H.B.
1788 § 10, A.L. 1993 S.B. 18, A.L. 1998 H.B. 1601, et al., A.L. 2003 S.B.
327)

1. The term of an original certificate or license issued
pursuant to sections 339.500 to 339.549 shall be for a period set by the
commission. All certificates and licenses shall be subject to renewal on
the same date. The expiration date of the certificate or license shall
appear on the certificate or license and no other notice of its
expiration need be given to its holder.

2. The commission shall require every state-certified or state- licensed
real estate appraiser to provide satisfactory evidence of the completion
of the required continuing education hours as promulgated by the
appraiser qualifications board. The commission may waive the requirements
of continuing education for retired or disabled licensed or certified
appraisers or for other good cause. (L. 1990 H.B. 1456 § 11, A.L. 1998
H.B. 1601, et al.)

If, in the determination by the commission, another state is
deemed to have substantially equivalent certification or licensure
requirements, an applicant who is certified or licensed under the laws of
such other state may obtain certification as a state certified real
estate appraiser or licensure as a state licensed real estate appraiser
in this state upon such terms and conditions as may be determined by the
board, provided that such terms and conditions shall comply with the
minimum criteria for certification or licensure issued by the appraiser
qualifications board of the appraisal foundation. (L. 1990 H.B. 1456 § 12)

Effective 4-30-90

1. A nonresident of this state who has complied with the
provisions of sections 339.511, 339.513, 339.515 and 339.517 or section
339.521 may obtain certification as a state-certified real estate
appraiser or licensure as a state-licensed real estate appraiser by
conforming to all of the provisions of sections 339.500 to 339.549
relating to state- certified real estate appraisers or state-licensed
real estate appraisers.

2. Every applicant for certification or licensure pursuant to sections
339.500 to 339.545 who is not a resident of this state shall submit, with
the application for certification, an irrevocable consent that service of
process in any action against the applicant arising out of the
applicant's activities as a state-certified real estate appraiser or
state- licensed real estate appraiser may be made by delivery of the
process to the executive director of the commission, if the plaintiff
cannot, in the exercise of due diligence, effect personal service upon
the applicant. The executive director shall immediately mail a copy of
the materials served on the executive director by ordinary mail to the
state-certified real estate appraiser or state-licensed real estate
appraiser at both his or her principal place of business and his or her
residence address. (L. 1990 H.B. 1456 § 13, A.L. 1998 H.B. 1601, et al.)

1. To obtain a renewal certificate or license, a state certified
real estate appraiser or state licensed real estate appraiser shall make
application and pay the prescribed fee to the commission not earlier than
one hundred twenty days nor later than thirty days prior to the
expiration date of the certificate or license then held. With the
application for renewal, the state certified real estate appraiser or
state licensed real estate appraiser shall present evidence in the form
prescribed by the commission of having completed the continuing education
requirements for renewal specified in section 339.530.

2. If the commission determines that a state certified real estate
appraiser or state licensed real estate appraiser has failed to meet the
requirements for renewal of certification or licensure through mistake,
misunderstanding, or circumstances beyond the appraiser's control, the
commission may extend the term of the certificate or license for good
cause shown for a period not to exceed six months, upon payment of a
prescribed fee for the extension.

3. If a state certified real estate appraiser or state licensed real
estate appraiser satisfies the requirements for renewal during the
extended term of certification or licensure, the beginning date of the
new renewal certificate or license shall be the day following the
expiration of the certificate or license previously held by the state
certified real estate appraiser or state licensed real estate appraiser.

4. If a person is otherwise eligible to renew the person's certification
or license, the person may renew an expired certification or license
within one year from the date of expiration. To renew such expired
certification or license, the person shall submit an application for
renewal, pay the renewal fee and pay a delinquent renewal fee as
established by the commission. Upon a finding of extenuating
circumstances, the commission may waive the payment of the delinquent fee.

5. If a person has failed to renew the person's license within one year
of its expiration, the person may renew such expired certification or
license by completing either the number of hours of continuing education
equal to fifty percent of the hours required for initial certification or
licensure or pass the state examination for such classification, submit
an application for renewal, pay the renewal fee and pay a delinquent
renewal fee not to exceed an amount as established by the commission.
Upon a finding of extenuating circumstances, the commission may waive the
payment of the delinquent fee.

6. If a state certified real estate appraiser or state licensed real
estate appraiser renews an expired certification or license pursuant to
subsection 5 of this section, the beginning date of the new term of
certification or licensure shall be the day following the expiration of
the certification or license term previously held by the state certified
real estate appraiser or state licensed real estate appraiser. (L. 1990
H.B. 1456 § 14, A.L. 1997 S.B. 141)

1. A certificate or license issued pursuant to sections 339.500
to 339.549 shall bear the signature or facsimile signature of the
chairman of the commission and a certificate or license number assigned
by the commission.

2. A state-certified real estate appraiser may designate or identify an
appraisal report rendered by him or her as a certified appraisal for the
type of property included in his or her certification.

3. Each state-certified real estate appraiser or state-licensed real
estate appraiser shall place the certificate or license number adjacent
to or immediately below the designation "Missouri State-certified
(Residential/General) Real Estate Appraiser" or "Missouri State-licensed
Real Estate Appraiser" when used in an appraisal report or in a contract
or other instrument used by the holder of the certificate or license in
conducting an appraisal assignment or specialized appraisal services.

4. The terms "Missouri State-certified (Residential/General) Real Estate
Appraiser" and "Missouri State-licensed Real Estate Appraiser" may only
be used to refer to individuals who hold a certificate or license and may
not be used following or immediately in connection with the name or
signature of a firm, partnership, corporation, or group or in such manner
that it might be interpreted as referring to certification or licensure
of the firm, partnership, corporation, group, or to certification or
licensure of anyone other than an individual holder of the certificate or
license.

5. A certificate or license shall be issued pursuant to sections 339.500
to 339.549 only to a natural person. However, nothing in this section
shall preclude a state-certified real estate appraiser or state- licensed
real estate appraiser from rendering appraisals for or on behalf of a
corporation, partnership or association, provided that the appraisal
report is prepared by, or under the immediate direction of, a state-
certified real estate appraiser or state-licensed real estate appraiser,
and further provided that the appraisal report is signed by the state-
certified real estate appraiser or state-licensed real estate appraiser.
(L. 1990 H.B. 1456 § 15, A.L. 1998 H.B. 1601, et al.)

1. Each state-certified real estate appraiser and state-
licensed real estate appraiser shall advise the commission of the address
of his or her principal place of residence, business and all other
addresses at which he or she is currently engaged in the business of
preparing real property appraisal reports.

2. Whenever a state-certified real estate appraiser or state-licensed
real estate appraiser changes the location of his or her place of
business, he or she shall amend the certificate or license issued by the
commission to reflect the change and shall give written notification of
the change to the commission within thirty working days of the change.

3. Whenever a state-certified real estate appraiser or state-licensed
real estate appraiser changes the location of his or her residence, he or
she shall notify the commission of the new residence address within
thirty working days of the change. (L. 1990 H.B. 1456 § 16, A.L. 1998
H.B. 1601, et al.)

1. As a prerequisite of renewal of certification or licensure, a
state-certified real estate appraiser or state-licensed real estate
appraiser shall present evidence satisfactory to the commission of having
met the continuing education requirements as provided in this section.
The basic continuing education requirements for renewal of certification
or licensure shall be the completion by the state-certified real estate
appraiser or state-licensed real estate appraiser, during the immediately
preceding term of certification or licensure, of continuing education as
prescribed by the appraiser qualifications board and approved by the
commission.

2. In lieu of meeting the requirements of subsection 1 of this section,
an applicant for renewal of certification or licensure may satisfy all or
part of the requirements of this section by presenting evidence of the
following:

(1) Completion of courses of study determined by the commission to be
equivalent, for continuing education purposes, to courses approved by the
commission pursuant to subsection 1 of this section;

(2) Participation, other than as a student, in educational processes and
programs in real property appraisal theory, practices, or techniques,
including, but not limited to, teaching, program development, and
preparation of textbooks, monographs, articles, and other instructional
materials, all to be approved by the commission.

3. The commission shall adopt regulations for implementation of the
provisions of this section to assure that state-certified real estate
appraisers renewing their certifications and state-licensed real estate
appraisers renewing their licenses have current knowledge of real
property appraisal theories, practices, and techniques which will provide
a high degree of service and protection to those members of the public
with whom they deal in a professional relationship under authority of the
certification or licensure. Such regulations shall prescribe the
following:

(1) Policies and procedures for obtaining commission approval of courses
of instruction pursuant to this section;

(2) Standards, policies, and procedures to be applied by the commission
in evaluating an applicant's claims of equivalency pursuant to this
section;

(3) Standards, monitoring methods, and systems for recording attendance
to be employed by course sponsors as a prerequisite to commission
approval of courses for credit.

4. In adopting regulations pursuant to this section, the commission shall
give favorable consideration to courses of instruction, seminars, and
other real property appraisal education courses or programs previously or
hereafter developed by or under the auspices of professional appraisal
organizations and utilized by those associations for purposes of
designation, certification, licensure, recertification or relicensure of
the members of the association.

5. No amendment or repeal of a regulation adopted by the commission
pursuant to this section shall operate to deprive a state-certified real
estate appraiser or state-licensed real estate appraiser of credit toward
renewal of certification or licensure for any course of instruction
completed prior to the amendment or repeal of the regulation, if the
course would have qualified for continuing education credit under the
regulation as it existed prior to the repeal or amendment. (L. 1990 H.B.
1456 § 17, A.L. 1998 H.B. 1601, et al.)

1. The commission may refuse to issue or renew any certificate
or license issued pursuant to sections 339.500 to 339.549 for one or any
combination of causes stated in subsection 2 of this section. The
commission shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of the right to file a complaint
with the administrative hearing commission as provided by chapter 621,
RSMo.

2. The commission may cause a complaint to be filed with the
administrative hearing commission as provided by chapter 621, RSMo,
against any state-certified real estate appraiser, state-licensed real
estate appraiser, or any person who has failed to renew or has
surrendered his or her certificate or license for any one or any
combination of the following causes:

(1) Procuring or attempting to procure a certificate or license pursuant
to section 339.513 by knowingly making a false statement, submitting
false information, refusing to provide complete information in response
to a question in an application for certification or licensure, or
through any form of fraud or misrepresentation;

(2) Failing to meet the minimum qualifications for certification or
licensure or renewal established by sections 339.500 to 339.549;

(3) Paying money or other valuable consideration, other than as provided
for by section 339.513, to any member or employee of the commission to
procure a certificate or license pursuant to sections 339.500 to 339.549;

(4) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the
laws of any state or the United States, for any offense reasonably
related to the qualifications, functions or duties of any profession
licensed or regulated pursuant to sections 339.500 to 339.549 for any
offense of which an essential element is fraud, dishonesty or an act of
violence, or for any offense involving moral turpitude, whether or not
sentence is imposed;

(5) Incompetency, misconduct, gross negligence, dishonesty, fraud, or
misrepresentation in the performance of the functions or duties of any
profession licensed or regulated by sections 339.500 to 339.549;

(6) Violation of any of the standards for the development or
communication of real estate appraisals as provided in or pursuant to
sections 339.500 to 339.549;

(7) Failure to comply with the Uniform Standards of Professional
Appraisal Practice promulgated by the appraisal standards board of the
appraisal foundation;

(8) Failure or refusal without good cause to exercise reasonable
diligence in developing an appraisal, preparing an appraisal report, or
communicating an appraisal;

(9) Negligence or incompetence in developing an appraisal, in preparing
an appraisal report, or in communicating an appraisal;

(10) Violating, assisting or enabling any person to willfully disregard
any of the provisions of sections 339.500 to 339.549 or the regulations
of the commission for the administration and enforcement of the
provisions of sections 339.500 to 339.549;

(11) Accepting an appraisal assignment when the employment itself is
contingent upon the appraiser's reporting a predetermined analysis or
opinion or where the fee to be paid for the performance of the appraisal
assignment is contingent upon the opinion, conclusion, or valuation
reached or upon the consequences resulting from the appraisal assignment;

(12) Violating the confidential nature of governmental records to which
the person gained access through employment or engagement to perform an
appraisal assignment or specialized appraisal services for a governmental
agency;

(13) Violating any term or condition of a certificate or license issued
by the commission pursuant to the authority of sections 339.500 to
339.549;

(14) Violation of any professional trust or confidence;

(15) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(16) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by sections 339.500 to 339.549 who
is not licensed or certified and currently eligible to practice pursuant
to sections 339.500 to 339.549;

(17) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed;

(18) Disciplinary action against the holder of a license, certificate or
other right to practice any profession regulated pursuant to sections
339.500 to 339.549, imposed by another state, territory, federal agency
or country upon grounds for which revocation or suspension is authorized
in this state.

3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2 of this section, for disciplinary action are met, the
commission may, singly or in combination, publicly censure or place the
person named in the complaint on probation on such terms and conditions
as the commission deems appropriate for a period not to exceed five
years, or may suspend, for a period not to exceed three years, or revoke,
the certificate or license. The holder of a certificate or license
revoked pursuant to this section may not obtain certification as a
state-certified real estate appraiser or licensure as a state-licensed
real estate appraiser for at least five years after the date of
revocation.

4. A certification of a state-certified real estate appraiser or a
license of a state-licensed real estate appraiser that has been suspended
as a result of disciplinary action by the commission shall not be
reinstated, and a person may not obtain certification as a
state-certified real estate appraiser or licensure as a state-licensed
real estate appraiser subsequent to revocation, unless the applicant
presents evidence of completion of the continuing education required by
section 339.530 during the period of suspension or revocation as well as
fulfillment of any other conditions imposed by the commission. Applicants
for recertification, relicensure or reinstatement also shall be required
to successfully complete the examination for original certification or
licensure required by section 339.515 as a condition to reinstatement of
certification or licensure, or recertification or relicensure subsequent
to revocation. (L. 1990 H.B. 1456 § 18, A.L. 1998 H.B. 1601, et al.)

State certified real estate appraisers and state licensed real
estate appraisers shall comply with the Uniform Standards of Professional
Appraisal Practice promulgated by the appraisal standards board of the
appraisal foundation. (L. 1990 H.B. 1456 § 19)

Effective 4-30-90

State-certified real estate appraisers and state licensed real
estate appraisers shall retain originals or true copies of contracts
engaging an appraiser's services for appraisal assignments, specialized
appraisal services, appraisal reports, and supporting data assembled and
formulated in preparing appraisal reports, for five years. The period for
retention of the records applicable to each engagement of the services of
the state-certified real estate appraiser or state-licensed real estate
appraiser shall run from the date of the submission of the appraisal
report to the client. Upon requests by the commission, these records
shall be made available by the state-certified real estate appraiser or
state- licensed real estate appraiser for inspection and copying at his
or her expense, by the commission on reasonable notice to the
state-certified real estate appraiser or state-licensed real estate
appraiser. When litigation is contemplated at any time, reports and
records shall be retained for two years after the final disposition. (L.
1990 H.B. 1456 § 20, A.L. 2003 S.B. 327)

No bank, savings and loan association, credit union, mortgage
banker or lending institution may exclude a state certified real estate
appraiser or state licensed real estate appraiser from consideration for
an appraisal assignment or specialized appraisal services by virtue of
membership or lack of membership of the state certified real estate
appraiser or state licensed real estate appraiser in any particular real
estate appraisal organization. (L. 1990 H.B. 1456 § 21)

Effective 4-30-90

It shall be a class B misdemeanor for an person to practice any
deception or fraud with respect to his identity in connection with an
application for certification or licensure or in the taking of an
examination for certification as a state certified real estate appraiser
or licensure as a state licensed real estate appraiser or by holding
himself out to any member of the public or representing himself as a
state certified real estate appraiser or a state licensed real estate
appraiser when, in fact, he is not so. (L. 1990 H.B. 1456 § 22)

Effective 4-30-90

Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is promulgated by the commission to
administer and enforce sections 339.500 to 339.549, shall become
effective only if the agency has fully complied with all of the
requirements of chapter 536, RSMo, including but not limited to, section
536.028, RSMo, if applicable, after August 28, 1998. All rulemaking
authority delegated prior to August 28, 1998, is of no force and effect
and repealed as of August 28, 1998, however nothing in this act* shall be
interpreted to repeal or affect the validity of any rule adopted and
promulgated prior to August 28, 1998. If the provisions of section
536.028, RSMo, apply, the provisions of this section are nonseverable and
if any of the powers vested with the general assembly pursuant to section
536.028, RSMo, to review, to delay the effective date, or to disapprove
and annul a rule or portion of a rule are held unconstitutional or
invalid, the purported grant of rulemaking authority and any rule so
proposed and contained in the order of rulemaking shall be invalid and
void, except that nothing in this act* shall affect the validity of any
rule adopted and promulgated prior to August 28, 1998. (L. 1998 H.B.
1601, et al.)

*"This act" (H.B. 1601, et al., 1998) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

The commission shall take such action as is necessary to be able
to issue general certificates, residential certificates and licenses to
qualified persons. (L. 1990 H.B. 1456 § 24, A.L. 1998 H.B. 1601, et al.)

Any person or corporation who knowingly violates any provision
of sections 339.500 to 339.549 is guilty of a class B misdemeanor. Any
officer or agent of a corporation, or member or agent of a partnership or
association, who knowingly and personally participates in or is an
accessory to any violation of sections 339.500 to 339.549 is guilty of a
class B misdemeanor. This section shall not be construed to release any
person from civil liability or criminal prosecution pursuant to any other
law of this state. The commission may cause a complaint to be filed for a
violation of section 339.501 in any court of competent jurisdiction, and
perform such other acts as may be necessary to enforce the provisions of
sections 339.500 to 339.549. (L. 1998 H.B. 1601, et al.)

1. It is unlawful for any person not certified or licensed
pursuant to sections 339.500 to 339.549 to perform any act for which
certification or licensure is required. Upon application by the
commission, and the necessary burden having been met, a court may grant
an injunction, restraining order or other order as may be appropriate to
enjoin a person from:

(1) Offering to engage or engaging in the performance of any acts or
practices for which a certificate or license is required by sections
339.500 to 339.549 upon a showing that such acts or practices were
performed or offered to be performed without a certificate or license; or

(2) Engaging in any practice or business authorized by a certificate or
license issued pursuant to sections 339.500 to 339.549 upon a showing
that the holder presents a substantial probability of serious danger to
the health, safety or welfare of any resident of this state or client of
the certificate holder or licensee.

2. Any such action shall be commenced in the county in which such conduct
occurred or in the county in which the defendant resides.

3. Any actions brought pursuant to this section shall be in addition to
and not in lieu of any penalty provided by sections 339.500 to 339.549
and may be brought concurrently with other actions to enforce the
provisions of this chapter. (L. 1998 H.B. 1601, et al.)

For purposes of sections 339.010 to 339.180, RSMo, and sections
339.710 to 339.860, the following terms mean:

(1) "Adverse material fact", a fact related to the property not
reasonably ascertainable or known to a party which negatively affects the
value of the property. Adverse material facts may include matters
pertaining to:

(a) Environmental hazards affecting the property;

(b) Physical condition of the property which adversely affects the value
of the property;

(c) Material defects in the property;

(d) Material defects in the title to the property;

(e) Material limitation of the party's ability to perform under the terms
of the contract;

(2) "Affiliated licensee", any broker or salesperson who works under the
supervision of a designated broker;

(3) "Agent", a person or entity acting pursuant to the provisions of this
chapter;

(4) "Broker disclosure form", the current form prescribed by the
commission for presentation to a seller, landlord, buyer or tenant who
has not entered into a written agreement for brokerage services;

(5) "Brokerage relationship", the relationship created between a
designated broker, the broker's affiliated licensees, and a client
relating to the performance of services of a broker as defined in section
339.010, and sections 339.710 to 339.860. If a designated broker makes an
appointment of an affiliated licensee or affiliated licensees pursuant to
section 339.820, such brokerage relationships are created between the
appointed licensee or licensees and the client. Nothing in this
subdivision shall:

(a) Alleviate the designated broker from duties of supervision of the
appointed licensee or licensees; or

(b) Alter the designated broker's underlying contractual agreement with
the client;

(6) "Client", a seller, landlord, buyer, or tenant who has entered into a
brokerage relationship with a licensee pursuant to sections 339.710 to
339.860;

(7) "Commercial real estate", any real estate other than real estate
containing one to four residential units, real estate on which no
buildings or structures are located, or real estate classified as
agricultural and horticultural property for assessment purposes pursuant
to section 137.016, RSMo. Commercial real estate does not include single
family residential units including condominiums, townhouses, or homes in
a subdivision when that real estate is sold, leased, or otherwise
conveyed on a unit-by-unit basis even though the units may be part of a
larger building or parcel of real estate containing more than four units;

(8) "Commission", the Missouri real estate commission;

(9) "Confidential information", information obtained by the licensee from
the client and designated as confidential by the client, information made
confidential by sections 339.710 to 339.860 or any other statute or
regulation, or written instructions from the client unless the
information is made public or becomes public by the words or conduct of
the client to whom the information pertains or by a source other than the
licensee;

(10) "Customer", an actual or potential seller, landlord, buyer, or
tenant in a real estate transaction in which a licensee is involved but
who has not entered into a brokerage relationship with the licensee;

(11) "Designated agent", a licensee named by a designated broker as the
limited agent of a client as provided for in section 339.820;

(12) "Designated broker", any individual licensed as a broker who is
operating pursuant to the definition of "real estate broker" as defined
in section 339.010, or any individual licensed as a broker who is
appointed by a partnership, association, limited liability corporation,
or a corporation engaged in the real estate brokerage business to be
responsible for the acts of the partnership, association, limited
liability corporation, or corporation. Every real estate partnership,
association, or limited liability corporation, or corporation shall
appoint a designated broker;

(13) "Designated transaction broker", a licensee named by a designated
broker or deemed appointed by a designated broker as the transaction
broker for a client pursuant to section 339.820;

(14) "Dual agency", a form of agency which may result when an agent
licensee or someone affiliated with the agent licensee represents another
party to the same transaction;

(15) "Dual agent", a limited agent who, with the written consent of all
parties to a contemplated real estate transaction, has entered into an
agency brokerage relationship, and not a transaction brokerage
relationship, with and therefore represents both the seller and buyer or
both the landlord and tenant;

(16) "Exclusive brokerage agreement", means a written brokerage agreement
which provides that the broker has the sole right, through the broker or
through one or more affiliated licensees, to act as the exclusive limited
agent, representative, or transaction broker of the client or customer
that meets the requirements of section 339.780;

(17) "Licensee", a real estate broker or salesperson as defined in
section 339.010;

(18) "Limited agent", a licensee whose duties and obligations to a client
are those set forth in sections 339.730 to 339.750;

(19) "Ministerial acts", those acts that a licensee may perform for a
person or entity that are informative in nature and do not rise to the
level which requires the creation of a brokerage relationship. Examples
of these acts include, but are not limited to:

(a) Responding to telephone inquiries by consumers as to the availability
and pricing of brokerage services;

(b) Responding to telephone inquiries from a person concerning the price
or location of property;

(c) Attending an open house and responding to questions about the
property from a consumer;

(d) Setting an appointment to view property;

(e) Responding to questions of consumers walking into a licensee's office
concerning brokerage services offered on particular properties;

(f) Accompanying an appraiser, inspector, contractor, or similar third
party on a visit to a property;

(g) Describing a property or the property's condition in response to a
person's inquiry;

(h) Showing a customer through a property being sold by an owner on his
or her own behalf; or

(i) Referral to another broker or service provider;

(20) "Residential real estate", all real property improved by a structure
that is used or intended to be used primarily for residential living by
human occupants and that contains not more than four dwelling units or
that contains single dwelling units owned as a condominium or in a
cooperative housing association, and vacant land classified as
residential property. The term "cooperative housing association" means an
association, whether incorporated or unincorporated, organized for the
purpose of owning and operating residential real property in Missouri,
the shareholders or members of which, by reason of their ownership of a
stock or membership certificate, a proprietary lease, or other evidence
of membership, are entitled to occupy a dwelling unit pursuant to the
terms of a proprietary lease or occupancy agreement;

(21) "Single agent", a licensee who has entered into a brokerage
relationship with and therefore represents only one party in a real
estate transaction. A single agent may be one of the following:

(a) "Buyer's agent", which shall mean a licensee who represents the buyer
in a real estate transaction;

(b) "Landlord's agent", which shall mean a licensee who represents a
landlord in a leasing transaction;

(c) "Seller's agent", which shall mean a licensee who represents the
seller in a real estate transaction; and

(d) "Tenant's agent", which shall mean a licensee who represents the
tenant in a leasing transaction;

(22) "Subagent", a designated broker, together with the broker's
affiliated licensees, engaged by another designated broker, together with
the broker's affiliated or appointed affiliated licensees, to act as a
limited agent for a client, or a designated broker's unappointed
affiliated licensees engaged by the designated broker, together with the
broker's appointed affiliated licensees, to act as a limited agent for a
client. A subagent owes the same obligations and responsibilities to the
client pursuant to sections 339.730 to 339.740 as does the client's
designated broker;

(23) "Transaction broker", any licensee acting pursuant to sections
339.710 to 339.860, who:

(a) Assists the parties to a transaction without an agency or fiduciary
relationship to either party and is, therefore, neutral, serving neither
as an advocate or advisor for either party to the transaction;

(b) Assists one or more parties to a transaction and who has not entered
into a specific written agency agreement to represent one or more of the
parties; or

(c) Assists another party to the same transaction either solely or
through licensee affiliates.

Such licensee shall be deemed to be a transaction broker and not a dual
agent, provided that, notice of assumption of transaction broker status
is provided to the buyer and seller immediately upon such default to
transaction broker status, to be confirmed in writing prior to execution
of the contract. (L. 1996 S.B. 664 § 1, A.L. 1998 H.B. 1601, et al., A.L.
1999 H.B. 866, A.L. 2002 H.B. 1964, A.L. 2004 H.B. 985, A.L. 2005 H.B.
174)

1. A licensee's general duties and obligations arising from the
limited agency relationship shall be disclosed in writing to the seller
and the buyer or to the landlord and the tenant pursuant to sections
339.760 to 339.780. Alternatively, when engaged in any of the activities
enumerated in section 339.010, a licensee may act as an agent in any
transaction in accordance with a written agreement as described in
section 339.780.

2. A licensee shall be considered a transaction broker unless:

(1) The designated broker enters into a written seller's agent or
landlord's agent agreement with the party or parties to be represented
pursuant to subsection 2 of section 339.780;

(2) The designated broker enters into a subagency agreement with another
designated broker pursuant to subsection 5 of section 339.780;

(3) The designated broker establishes a buyer's or tenant's agency
relationship pursuant to subsection 3 of section 339.780;

(4) The designated broker enters into a written agency agreement pursuant
to subsection 8 of section 339.780;

(5) The designated broker and the affiliated licensees are performing
ministerial acts;

(6) The designated broker enters into a written dual agency agreement
with the parties pursuant to subsection 4 of section 339.780;

(7) The designated broker is acting in a manner described in paragraph
(c) of subdivision (23) of section 339.710 without proper notice of
assumption of transaction broker status; or

(8) The licensee is making a listing presentation, which may include
pricing and marketing advice about a potential future transaction, to a
customer in anticipation of entering into a signed agency brokerage
service agreement as a direct result of the presentation.

3. Sections 339.710 to 339.860 do not obligate any buyer or tenant to pay
compensation to a designated broker unless the buyer or tenant has
entered into a written agreement with the designated broker specifying
the compensation terms in accordance with subsection 3 of section 339.780.

4. A licensee may work with a single party in separate transactions
pursuant to different relationships, including, but not limited to,
selling one property as a transaction broker or a seller's agent working
with that seller in buying another property as a buyer's agent, as a
subagent or as a transaction broker if the licensee complies with
sections 339.710 to 339.860 in establishing the relationships for each
transaction. (L. 1996 S.B. 664 § 2, A.L. 1998 H.B. 1601, et al., A.L.
1999 H.B. 866, A.L. 2002 H.B. 1964, A.L. 2005 H.B. 174)

1. A licensee representing a seller or landlord as a seller's
agent or a landlord's agent shall be a limited agent with the following
duties and obligations:

(1) To perform the terms of the written agreement made with the client;

(2) To exercise reasonable skill and care for the client;

(3) To promote the interests of the client with the utmost good faith,
loyalty, and fidelity, including:

(a) Seeking a price and terms which are acceptable to the client, except
that the licensee shall not be obligated to seek additional offers to
purchase the property while the property is subject to a contract for
sale or to seek additional offers to lease the property while the
property is subject to a lease or letter of intent to lease;

(b) Presenting all written offers to and from the client in a timely
manner regardless of whether the property is subject to a contract for
sale or lease or a letter of intent to lease;

(c) Disclosing to the client all adverse material facts actually known or
that should have been known by the licensee; and

(d) Advising the client to obtain expert advice as to material matters
about which the licensee knows but the specifics of which are beyond the
expertise of the licensee;

(4) To account in a timely manner for all money and property received;

(5) To comply with all requirements of sections 339.710 to 339.860,
subsection 2 of section 339.100, and any rules and regulations
promulgated pursuant to those sections; and

(6) To comply with any applicable federal, state, and local laws, rules,
regulations, and ordinances, including fair housing and civil rights
statutes and regulations.

2. A licensee acting as a seller's or landlord's agent shall not disclose
any confidential information about the client unless disclosure is
required by statute, rule or regulation or failure to disclose the
information would constitute a misrepresentation or unless disclosure is
necessary to defend the affiliated licensee against an action of wrongful
conduct in an administrative or judicial proceeding or before a
professional committee. No cause of action shall arise against a licensee
acting as a seller's or landlord's agent for making any required or
permitted disclosure.

3. A licensee acting as a seller's or landlord's agent owes no duty or
obligation to a customer, except that a licensee shall disclose to any
customer all adverse material facts actually known or that should have
been known by the licensee. A seller's or landlord's agent owes no duty
to conduct an independent inspection or discover any adverse material
facts for the benefit of the customer and owes no duty to independently
verify the accuracy or completeness of any statement made by the client
or any independent inspector.

4. A seller's or landlord's agent may show alternative properties not
owned by the client to prospective buyers or tenants and may list
competing properties for sale or lease without breaching any duty or
obligation to the client.

5. A seller or landlord may agree in writing with a seller's or
landlord's agent that other designated brokers may be retained and
compensated as subagents. Any designated broker acting as a subagent on
the seller's or landlord's behalf shall be a limited agent with the
obligations and responsibilities set forth in subsections 1 to 4 of this
section. (L. 1996 S.B. 664 § 3, A.L. 1998 H.B. 1601, et al.)

Effective 1-1-99

1. A licensee representing a buyer or tenant as a buyer's or
tenant's agent shall be a limited agent with the following duties and
obligations:

(1) To perform the terms of any written agreement made with the client;

(2) To exercise reasonable skill and care for the client;

(3) To promote the interests of the client with the utmost good faith,
loyalty, and fidelity, including:

(a) Seeking a price and terms which are acceptable to the client, except
that the licensee shall not be obligated to seek other properties while
the client is a party to a contract to purchase property or to a lease or
letter of intent to lease;

(b) Presenting all written offers to and from the client in a timely
manner regardless of whether the client is already a party to a contract
to purchase property or is already a party to a contract or a letter of
intent to lease;

(c) Disclosing to the client adverse material facts actually known or
that should have been known by the licensee; and

(d) Advising the client to obtain expert advice as to material matters
about which the licensee knows but the specifics of which are beyond the
expertise of the licensee;

(4) To account in a timely manner for all money and property received;

(5) To comply with all requirements of sections 339.710 to 339.860,
subsection 2 of section 339.100, and any rules and regulations
promulgated pursuant to those sections; and

(6) To comply with any applicable federal, state, and local laws, rules,
regulations, and ordinances, including fair housing and civil rights
statutes or regulations.

2. A licensee acting as a buyer's or tenant's agent shall not disclose
any confidential information about the client unless disclosure is
required by statute, rule, or regulation or failure to disclose the
information would constitute a misrepresentation or unless disclosure is
necessary to defend the affiliated licensee against an action of wrongful
conduct in an administrative or judicial proceeding or before a
professional committee. No cause of action for any person shall arise
against a licensee acting as a buyer's or tenant's agent for making any
required or permitted disclosure.

3. A licensee acting as a buyer's or tenant's agent owes no duty or
obligation to a customer, except that the licensee shall disclose to any
customer all adverse material facts actually known or that should have
been known by the licensee. A buyer's or tenant's agent owes no duty to
conduct an independent investigation of the client's financial condition
for the benefit of the customer and owes no duty to independently verify
the accuracy or completeness of statements made by the client or any
independent inspector.

4. A buyer's or tenant's agent may show properties in which the client is
interested to other prospective buyers or tenants without breaching any
duty or obligation to the client. This section shall not be construed to
prohibit a buyer's or tenant's agent from showing competing buyers or
tenants the same property and from assisting competing buyers or tenants
in attempting to purchase or lease a particular property.

5. A client may agree in writing with a buyer's or tenant's agent that
other designated brokers may be retained and compensated as subagents.
Any designated broker acting on the buyer's or tenant's behalf as a
subagent shall be a limited agent with the obligations and
responsibilities set forth in subsections 1 to 4 of this section. (L.
1996 S.B. 664 § 4, A.L. 1998 H.B. 1601, et al.)

Effective 1-1-99

1. A licensee may act as a dual agent only with the consent of
all parties to the transaction. Consent shall be presumed by a written
agreement pursuant to section 339.780.

2. A dual agent shall be a limited agent for both the seller and buyer or
the landlord and tenant and shall have the duties and obligations
required by sections 339.730 and 339.740 unless otherwise provided for in
this section.

3. Except as provided in subsections 4 and 5 of this section, a dual
agent may disclose any information to one client that the licensee gains
from the other client if the information is material to the transaction
unless it is confidential information as defined in section 339.710.

4. The following information shall not be disclosed by a dual agent
without the consent of the client to whom the information pertains:

(1) That a buyer or tenant is willing to pay more than the purchase price
or lease rate offered for the property;

(2) That a seller or landlord is willing to accept less than the asking
price or lease rate for the property;

(3) What the motivating factors are for any client buying, selling, or
leasing the property;

(4) That a client will agree to financing terms other than those offered;
and

(5) The terms of any prior offers or counter offers made by any party.

5. A dual agent shall not disclose to one client any confidential
information about the other client unless the disclosure is required by
statute, rule, or regulation or failure to disclose the information would
constitute a misrepresentation or unless disclosure is necessary to
defend the affiliated licensee against an action of wrongful conduct in
an administrative or judicial proceeding or before a professional
committee. No cause of action for any person shall arise against a dual
agent for making any required or permitted disclosure. A dual agent does
not terminate the dual agency relationship by making any required or
permitted disclosure.

6. In a dual agency relationship there shall be no imputation of
knowledge or information between the client and the dual agent or among
persons within an entity engaged as a dual agent. (L. 1996 S.B. 664 § 5)

Effective 9-1-97

1. A real estate licensee may provide real estate service to any
party in a prospective transaction without an agency or fiduciary
relationship to one or more parties to the transaction. Such licensee
shall be called a transaction broker.

2. A transaction broker shall have the following duties and obligations:

(1) To perform the terms of any written or oral agreement made with any
party to the transaction;

(2) To exercise reasonable skill, care and diligence as a transaction
broker, including but not limited to:

(a) Presenting all written offers and counteroffers in a timely manner
regardless of whether the property is subject to a contract for sale or
lease or a letter of intent unless otherwise provided in the agreement
entered with the party;

(b) Informing the parties regarding the transaction and suggesting that
such parties obtain expert advice as to material matters about which the
transaction broker knows but the specifics of which are beyond the
expertise of such broker;

(c) Accounting in a timely manner for all money and property received;

(d) To disclose to each party to the transaction any adverse material
facts of which the licensee has actual notice or knowledge;

(e) Assisting the parties in complying with the terms and conditions of
any contract;

(f) The parties to a transaction brokerage transaction shall not be
liable for any acts of the transaction broker.

3. The following information shall not be disclosed by a transaction
broker without the informed consent of the party or parties disclosing
such information to the broker:

(1) That a buyer or tenant is willing to pay more than the purchase price
or lease rate offered for the property;

(2) That a seller or landlord is willing to accept less than the asking
price or lease rate for the property;

(3) What the motivating factors are for any party buying, selling or
leasing the property;

(4) That a seller or buyer will agree to financing terms other than those
offered;

(5) Any confidential information about the other party, unless disclosure
of such information is required by law, statute, rules or regulations or
failure to disclose such information would constitute fraud or dishonest
dealing.

4. A transaction broker has no duty to conduct an independent inspection
or investigation for adverse material facts for the parties.

5. A transaction broker has no duty to conduct an independent
investigation of the buyer's financial condition.

6. A transaction broker may do the following without breaching any
obligation or responsibility:

(1) Show alternative properties not owned by the seller or landlord to a
prospective buyer or tenant;

(2) List competing properties for sale or lease;

(3) Show properties in which the buyer or tenant is interested to other
prospective buyers or tenants;

(4) Serve as a single agent, subagent or designated agent or broker,
limited agent, disclosed dual agent for the same or for different parties
in other real estate transactions.

7. In a transaction broker relationship each party and the transaction
broker, including all persons within an entity engaged as the transaction
broker if the transaction broker is an entity, are considered to possess
only actual knowledge and information. There is no imputation of
knowledge or information by operation of law between any party and the
transaction broker or between any party and any person within an entity
engaged as the transaction broker if the transaction broker is an entity.

8. A transaction broker may cooperate with other brokers and such
cooperation does not establish an agency or subagency relationship.

9. Nothing in this section prohibits a transaction broker from acting as
a single limited agent, dual agent or subagent whether on behalf of a
buyer or seller, as long as the requirements governing disclosure of such
fact are met.

10. Nothing in this section alters or eliminates the responsibility of a
broker as set forth in this section for the conduct and actions of a
licensee operating under the broker's license.

11. A transaction broker shall:

(1) Comply with all applicable requirements of sections 339.710 to
339.860, subsection 2 of section 339.010 and all rules and regulations
promulgated pursuant to such sections; and

(2) Comply with any applicable federal, state and local laws, rules,
regulations and ordinances, including fair housing and civil rights
statutes and regulations.

12. If any licensee who represents another party to the same transaction
either solely or through affiliate licensees refuses transaction broker
status and wants to continue an agency relationship with both parties to
the transaction, such licensee shall have the right to become a
designated agent or a dual agent as provided for in sections 339.730 to
339.860.

13. In any transaction a licensee may without liability withdraw from
representing a client who has not consented to a conversion to
transaction brokerage. Such withdrawal shall not prejudice the ability of
the licensee or affiliated licensee to continue to represent the other
client in the transaction or limit the licensee from representing the
client who refused the transaction brokerage representation in another
transaction not involving transaction brokerage. (L. 1998 H.B. 1601, et
al., A.L. 1999 H.B. 866)

Effective 1-1-00

Every designated broker who has affiliated licensees shall adopt
a written policy which identifies and describes the relationships in
which the designated broker and affiliated licensees may engage with any
seller, landlord, buyer, or tenant as part of any real estate brokerage
activities. (L. 1996 S.B. 664 § 6, A.L. 2004 H.B. 985)

1. In a residential real estate transaction, at the earliest
practicable opportunity during or following the first substantial contact
by the designated broker or the affiliated licensees with a seller,
landlord, buyer, or tenant who has not entered into a written agreement
for services as described in subdivision (5) of section 339.710, the
licensee shall provide that person with a written copy of the current
broker disclosure form which has been prescribed by the commission.

2. When a seller, landlord, buyer, or tenant has already entered into a
written agreement for services with a designated broker, no other
licensee shall be required to make the disclosures required by this
section.

3. Disclosures made in accordance with sections 339.710 to 339.860 shall
be sufficient as a matter of law to disclose brokerage relationships to
the public. (L. 1996 S.B. 664 § 7, A.L. 1997 H.B. 213, A.L. 1998 H.B.
1601, et al., A.L. 2002 H.B. 1964)

1. All written agreements for brokerage services on behalf of a
seller, landlord, buyer, or tenant shall be entered into by the
designated broker on behalf of that broker and affiliated licensees,
except that the designated broker may authorize affiliated licensees in
writing to enter into the written agreements on behalf of the designated
broker.

2. Before engaging in any of the activities enumerated in section
339.010, a designated broker intending to establish a limited agency
relationship with a seller or landlord shall enter into a written agency
agreement with the party to be represented. The agreement shall include a
licensee's duties and responsibilities specified in section 339.730 and
the terms of compensation and shall specify whether an offer of subagency
may be made to any other designated broker.

3. Before or while engaging in any acts enumerated in section 339.010,
except ministerial acts defined in section 339.710, a designated broker
acting as a single agent for a buyer or tenant shall enter into a written
agency agreement with the buyer or tenant. The agreement shall include a
licensee's duties and responsibilities specified in section 339.740 and
the terms of compensation.

4. Before engaging in any of the activities enumerated in section
339.010, a designated broker intending to act as a dual agent shall enter
into a written agreement with the seller and buyer or landlord and tenant
permitting the designated broker to serve as a dual agent. The agreement
shall include a licensee's duties and responsibilities specified in
section 339.750 and the terms of compensation.

5. Before engaging in any of the activities enumerated in section
339.010, a designated broker intending to act as a subagent shall enter
into a written agreement with the designated broker for the client. If a
designated broker has made a unilateral offer of subagency, another
designated broker can enter into the subagency relationship by the act of
disclosing to the customer that he or she is a subagent of the client. If
a designated broker has made an appointment pursuant to section 339.820,
an affiliated licensee that has been excluded by such appointment may
enter into the subagency relationship by the act of disclosing to the
customer that he or she is a subagent of the client.

6. A designated broker who intends to act as a transaction broker and who
expects to receive compensation from the party he or she assists shall
enter into a written transaction brokerage agreement with such party or
parties contracting for the broker's service. The transaction brokerage
agreement shall include a licensee's duties and responsibilities
specified in section 339.755 and the terms of compensation.

7. All exclusive brokerage agreements shall specify that the broker,
through the broker or through one or more affiliated licensees, shall
provide, at a minimum, the following services:

(1) Accepting delivery of and presenting to the client or customer offers
and counteroffers to buy, sell, or lease the client's or customer's
property or the property the client or customer seeks to purchase or
lease;

(2) Assisting the client or customer in developing, communicating,
negotiating, and presenting offers, counteroffers, and notices that
relate to the offers and the counteroffers until a lease or purchase
agreement is signed and all contingencies are satisfied or waived; and

(3) Answering the client's or customer's questions relating to the
offers, counteroffers, notices, and contingencies.

8. Nothing contained in this section shall prohibit the public from
entering into written contracts with any broker which contain duties,
obligations, or responsibilities which are in addition to those specified
in this section. (L. 1996 S.B. 664 § 8, A.L. 1998 H.B. 1601, et al., A.L.
1999 H.B. 866, A.L. 2004 H.B. 985, A.L. 2005 H.B. 174)

1. The relationships set forth in this section commence on the
effective date of the real estate broker's agreement and continue until
performance, completion, termination or expiration of that agreement.

2. A real estate broker and an affiliated licensee owe no further duty or
obligation after termination, expiration, completion or performance of
the brokerage agreement, except the duties of:

(1) Accounting in a timely manner for all money and property related to,
and received during, the relationship; and

(2) Treating as confidential information provided by the client during
the course of the relationship that may reasonably be expected to have a
negative impact on the client's real estate activity unless:

(a) The client to whom the information pertains grants written consent;

(b) Disclosure of the information is required by law;

(c) The information is made public or becomes public by the words or
conduct of the client to whom the information pertains or from a source
other than the real estate brokerage or the affiliated licensee; or

(d) Disclosure is necessary to defend the designated broker or an
affiliated licensee against an action of wrongful conduct in an
administrative or judicial proceeding or before a professional committee.
(L. 1996 S.B. 664 § 9)

Effective 9-1-97

1. In any real estate transaction, the designated broker's
compensation may be paid by the seller, the landlord, the buyer, the
tenant, or a third party or by sharing the compensation between
designated brokers.

2. Payment of compensation by itself shall not establish an agency
relationship or transaction brokerage relationship between the party who
paid the compensation and the designated broker or any affiliated
licensee.

3. A seller or landlord may agree that a designated broker may share with
another designated broker the compensation paid by the seller or landlord.

4. A buyer or tenant may agree that a designated broker may share with
another designated broker the compensation paid by the buyer or tenant.

5. A designated broker may be compensated by more than one party for
services in a transaction with the knowledge of all the parties at or
before the time of entering into a written contract to buy, sell, or
lease.

6. Nothing contained in this section shall relieve the licensee from the
requirement of obtaining a written agreement for brokerage services or
other written agreement addressing compensation. (L. 1996 S.B. 664 § 10,
A.L. 1998 H.B. 1601, et al., A.L. 2004 H.B. 985)

1. A client shall not be liable for a misrepresentation of such
client's limited agent or subagent arising out of the limited agency
agreement unless the client knew or should have known of the
misrepresentation.

2. A client shall not be liable for a misrepresentation of such client's
transaction broker arising out of the transaction broker agreement unless
the client has actual knowledge of the misrepresentation.

3. A licensee who is serving as a limited agent or subagent of a client
shall not be liable for misrepresentation of such licensee's client
arising out of the brokerage agreement unless the licensee knew or should
have known of the misrepresentation.

4. A licensee who is serving as a limited agent of a client shall not be
liable for a misrepresentation of any subagent unless the licensee knew
or should have known of the misrepresentation. A limited agent licensee
shall not be liable for misrepresentation of an affiliated licensee
unless such limited agent licensee knew or should have known of the
misrepresentation.

5. A licensee who is serving as a subagent shall not be liable for a
misrepresentation of the limited agent unless the subagent knew or should
have known of the misrepresentation.

6. A licensee who is serving as a transaction broker shall not be liable
for misrepresentation of such licensee's client arising out of the
brokerage agreement unless the licensee had actual knowledge of the
misrepresentation. (L. 1996 S.B. 664 § 11, A.L. 1998 H.B. 1601, et al.)

Effective 1-1-99

1. A designated broker entering into a limited agency agreement
with a client for the listing of property or for the purpose of
representing that person in the buying, selling, exchanging, renting, or
leasing of real estate may appoint in writing affiliated licensees as
designated agents to the exclusion of all other affiliated licensees. A
designated broker entering into a written transaction brokerage agreement
with a party for the listing of property or for the purpose of assisting
that person in buying, selling, exchanging, renting, or leasing of real
estate may appoint in writing affiliated licensees as designated
transaction brokers to the exclusion of all other affiliated licensees.
If a designated broker has made an appointment pursuant to this section,
an affiliated licensee assisting a party without a written agreement
shall be presumed to be a transaction broker to the exclusion of all
other affiliated licensees, unless a different brokerage relationship
status has been disclosed to or established with that party.

2. A designated broker shall not be considered to be a dual agent or a
transaction broker solely because such broker makes an appointment
pursuant to this section, except that any licensee who personally
represents both the seller and buyer or both the landlord and tenant in a
particular transaction shall be a dual agent or a transaction broker and
shall be required to comply with the provisions governing dual agents or
transaction brokers. (L. 1996 S.B. 664 § 12, A.L. 1998 H.B. 1601, et al.,
A.L. 1999 H.B. 866)

Effective 1-1-00

1. All designated agents or designated transaction brokers to
the extent allowed by their licenses shall have the same duties and
responsibilities to the client and customer pursuant to sections 339.730
to 339.755 as the designated broker except as provided in section 339.820.

2. All licensees have the same protections from vicarious liability as
provided in sections 339.710 to 339.860 as does their designated broker.

3. The provisions of this section and sections 339.710, 339.720, 339.755,
339.780, and 339.820 shall become effective January 1, 2000. (L. 1996
S.B. 664 § 13, A.L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 866 §§
339.830, 1)

Effective 1-1-00

Sections 339.710 to 339.860 shall supersede the common law of
agency with respect to whom the fiduciary duties of an agent are owed in
a real estate transaction. Sections 339.710 to 339.860 shall not be
construed to limit civil actions for negligence, fraud, misrepresentation
or breach of contract. (L. 1996 S.B. 664 § 14)

Effective 9-1-97

Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is promulgated to administer and enforce
sections 339.710 to 339.860, shall become effective only if the agency
has fully complied with all of the requirements of chapter 536, RSMo,
including but not limited to, section 536.028, RSMo, if applicable, after
January 1, 1999. All rulemaking authority delegated prior to January 1,
1999, is of no force and effect and repealed as of January 1, 1999,
however nothing in this act* shall be interpreted to repeal or affect the
validity of any rule adopted and promulgated prior to January 1, 1999. If
the provisions of section 536.028, RSMo, apply, the provisions of this
section are nonseverable and if any of the powers vested with the general
assembly pursuant to section 536.028, RSMo, to review, to delay the
effective date, or to disapprove and annul a rule or portion of a rule
are held unconstitutional or invalid, the purported grant of rulemaking
authority and any rule so proposed and contained in the order of
rulemaking shall be invalid and void, except that nothing in this act*
shall affect the validity of any rule adopted and promulgated prior to
January 1, 1999. (L. 1996 S.B. 664 § 15, A.L. 1998 H.B. 1601, et al.)

Effective 1-1-99

*"This act" (H.B. 1601, et al., 1998) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

If any provision of sections 339.710 to 339.860 or application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of sections 339.710 to
339.860 which can be given effect without the invalid provision or
application and to such end the provisions of sections 339.710 to 339.860
are declared to be severable; however, nothing in this section shall be
construed to affect the nonseverable grant of rulemaking authority in
section 339.850. (L. 1998 H.B. 1601, et al.)

Effective 1-1-99

Sections 339.710 to 339.860 shall become effective on September
1, 1997. (L. 1996 S.B. 664 § 16)

Effective 9-1-97

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