Title XXII — OCCUPATIONS AND PROFESSIONS

339.543. Mortgage fraud, commission may file court action — civil penalty — investigation authority. — 1. If the commission believes that an appraiser, business, corporation, or controlling person has engaged in, is engaging in, or has willfully taken a substantial step toward en…

339.544. Rulemaking authority. — Any rule or portion of a rule, as that term is defined in section 536.010, 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 re…

339.545. Commission to issue certificates and licenses. — 1. The commission shall take such action as is necessary to be able to issue general certificates, residential certificates and licenses to qualified persons. 2. The commission shall take action as is necessary to be able …

339.546. Violations of law — criminal penalties. — 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 know…

339.549. Violation of law — civil penalties — injunctions, venue. — 1. It is unlawful for any person, business, corporation, or controlling person not certified or licensed pursuant to sections 339.500 to 339.549 to perform any act for which certification or licensure is required…

339.710. Definitions. — For purposes of sections 339.010 to 339.180, 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 …

339.720. Licensee's duties and obligations in writing — licensee as transaction broker, exceptions. — 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 t…

339.730. Licensee as limited agent representing seller or landlord, duties — confidential information disclosure, when — licensee's duties to customer — showing alternative properties — subagent, duties. — 1. A licensee representing a seller or landlord as a seller's agent or a l…

339.740. Licensee representing head buyer or tenant — duties and obligations of — disclosure of confidential information — licensee's duty to a customer — showing of properties — subagents. — 1. A licensee representing a buyer or tenant as a buyer's or tenant's agent shall be a l…

339.750. Dual agent, consent — dual agent as limited agent — disclosure of nonconfidential information, when — nondisclosure of information, when — confidential information — no imputation of information. — 1. A licensee may act as a dual agent only with the consent of all partie…

339.755. Duties and obligations of transaction broker. — 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 tran…

339.760. Written agreement, adoption by designated broker, scope. — 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 selle…

339.770. Broker disclosure form for residential real estate transaction, provided by licensee, prior agreement, effect. — 1. In a residential real estate transaction, at the earliest practicable opportunity during or following the first substantial contact by the designated broke…

339.780. Brokerage services, written agreements for, parties to, authorizations by designated broker — written agreements, limited agency, single agent, dual agent or subagent. — 1. All written agreements for brokerage services on behalf of a seller, landlord, buyer, or tenant sh…

339.790. Commencement of agreement, when — duties after termination of agreement. — 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 ag…

339.800. Compensation of designated broker, paid by whom, sharing compensation — payment establishing agency — agreement by seller or buyer on sharing compensation. — 1. In any real estate transaction, the designated broker's compensation may be paid by the seller, the landlord, …

339.810. Misrepresentation, client liability — licensee liability — liability for subagent, limited agent licensee liability — licensee as subagent, liability. — 1. A client shall not be liable for a misrepresentation of such client's limited agent or subagent arising out of the …

339.820. Limited agency agreement, listings or representing client, appointment of affiliated licensees. — 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, selli…

339.830. Designated agents' and transaction brokers' duties to client — licensees' protections from liability. — 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 cu…

339.840. Supersession of agency law, no limitation of civil actions. — 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 constr…

339.845. Notice of delinquent taxes to be sent by commission. — If the commission receives a notice of delinquent taxes from the director of revenue under the provisions of section 324.010 regarding a real estate broker or salesperson, the commission shall immediately send a copy…

339.850. Rules and regulations, promulgation, authority. — Any rule or portion of a rule, as that term is defined in section 536.010, 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 o…

339.855. Severability clause. — 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…