Title XXII, OCCUPATIONS AND PROFESSIONS

339.040. Licenses granted to whom — examination — qualifications — fee — temporary broker's license, when. — 1. Licenses shall be granted only to persons who present, and corporations, associations, partnerships, limited partnerships, limited liability companies, and professional…

339.045. Real estate schools — accreditation — registration — fee, how determined. — 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 app…

339.050. Form of application. — 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 th…

339.060. Fees, amount, set how — term of licenses. — 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. The fees shall be set …

339.070. Fees, collection and disposition — fund, source, use, transferred to general revenue, when. — 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 th…

339.080. Denial of application or license, when, notice — hearing. — 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 license…

339.090. License of nonresident — fee — reciprocity — rulemaking authority. — The commission may prescribe necessary rules and regulations pursuant to chapter 536 to provide for the licensure of nonresidents. Such rules shall require the nonresident to pay a fee and may provide f…

339.100. Investigation of certain practices, procedure — subpoenas — formal complaints — revocation or suspension of licenses — digest may be published — revocation of licenses for certain offenses. — 1. The commission may, upon its own motion, and shall upon receipt of a written…

339.105. Separate bank escrow accounts required — service charges for account may be made by personal deposit by broker, amount allowed. — 1. Each broker who holds funds belonging to another shall maintain such funds in a separate bank account in a financial institution which sha…

339.110. Refusal of licenses, when. — 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 a…

339.120. Commission, created — members, qualifications, terms, compensation — powers and duties — rulemaking authority, procedure. — 1. There is hereby created the "Missouri Real Estate Commission", to consist of seven persons, citizens of the United States and residents of this …

339.125. Rulemaking procedure. — 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. ­­-------- (L. 1993 S.B. 18, A.L. 1995 S.B. 3)

339.130. Legal status of commission. — 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 ju…

339.150. Unlicensed persons not to be employed, when — no fees paid, when, exception — compensation directly to business entity owned by licensee, when — definitions. — 1. No real estate broker shall knowingly employ or engage any person to perform any service to the broker for w…

339.151. No commission or consideration unless reasonable cause for payment or contractual relationship exists. — 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 lic…

339.160. Real estate brokers and salespersons may not bring legal action for compensation unless licensed. — No person, partnership, limited partnership, limited liability company, professional corporations, corporation or association engaged within this state in the business or …

339.170. Penalty for violation. — Any person or corporation, professional corporation, partnership, limited partnership, limited liability company or association knowingly violating any provision of sections 339.010 to 339.180 and sections 339.710 to 339.860* shall be guilty of a…

339.175. Mortgage fraud, commission may file court action — civil penalty — investigation authority. — 1. If the commission believes that a real estate broker or real estate sales person has engaged in, is engaging in, or has willfully taken a substantial step toward engaging in …

339.180. Practice without a license — endangering welfare of others — injunction, procedure. — 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 …

339.190. Real estate licensee, immunity from liability, when. — 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,…

339.200. Prohibited acts — investigation may be initiated, when, procedure. — 1. It shall be unlawful for any person not holding the required license from the commission to perform any act for which a license is required by sections 339.010 to 339.180 and sections 339.710 to 339.…

339.205. Civil penalty may be imposed, when — amount, limit, factors — settlement procedures. — 1. In actions against unlicensed persons or disciplinary actions against licensed persons, the commission may issue an order imposing a civil penalty. Such penalty shall not be imposed…

339.500. Citation of law. — This act shall be known and may be cited as the "Missouri Certified and Licensed Real Estate Appraisers and Appraisal Management Company Regulation Act". ­­-------- (L. 1990 H.B. 1456 § 2, A.L. 2012 H.B. 1103)

339.501. Licensure or certification of real estate appraisers required, exceptions. — 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 e…

339.503. Definitions. — 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, qual…

339.505. Titles of state-certified or state-licensed appraiser, who may use — certification or licensure not required to appraise for compensation — management companies, registration required, exceptions. — 1. It shall be unlawful for any person in this state to assume or use th…

339.509. Commission, powers and duties. — 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 iss…

339.510. Criminal background check, fingerprint submission. — 1. The Missouri real estate appraisers commission may require that fingerprint submissions be made as part of an application seeking licensure as a certified residential appraiser, a certified residential appraiser tra…

339.511. Classifications of certification and licensure for appraisers and management companies — application — qualifications — continuing education requirements. — 1. There shall be six classes of licensure for individuals including: (1) State-licensed appraiser trainee; (2) St…

339.513. Applications for examinations, original certification, licensure and renewals, requirements, contents, fees, how set — fund established — signed compliance pledge, required. — 1. Applications for examination, original certification and licensure, and renewal certificatio…

339.515. Examination, content, validity period, must retake, when — failure to pass reexamination, when. — 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 ac…

339.517. Examination required, when — rules authorized, invalid, when. — 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 c…

339.519. Term of license — expiration date to appear on certificate or license — continuing education requirement, proof. — 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 certificat…

339.523. Nonresidents of state — requirements to be certified or licensed in Missouri — service of process provisions. — 1. A nonresident of this state who has complied with the provisions of sections 339.511, 339.513, 339.515, and 339.517 may obtain certification as a state-cert…

339.525. Renewals, procedure — renewal of an expired certificate or license, when, fee — inactive status granted, when. — 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 …

339.527. Certificate or license number to be placed on report or contract — titles, how used — prohibited use — issue of certificate or license only to natural persons. — 1. A state-certified real estate appraiser may designate or identify an appraisal report rendered by him or h…

339.529. Addresses and changes of addresses, procedure — duties of notification. — 1. Each state-certified real estate appraiser, state-certified appraiser trainee, state-licensed appraiser trainee, and state-licensed real estate appraiser shall advise the commission of the addre…

339.530. Continuing education requirements for renewal or accepted other studies and projects. — 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 t…

339.532. Refusal to issue or renew certificate or license, procedure, hearing, grounds for refusal, penalties — revocation, when, appeal — recertification or relicensure, examination required. — 1. The commission may refuse to issue or renew any certificate or license issued purs…

339.533. Authority of commission, oaths and subpoenas. — 1. The chairperson of the commission may administer oaths, issue subpoenas, and issue subpoenas duces tecum requiring the production of documents and records. Subpoenas and subpoenas duces tecum shall be served by a person …

339.535. Compliance with uniform standards required. — State-certified real estate appraisers, state-licensed real estate appraisers, state-licensed appraiser trainees, and state-certified appraiser trainees shall comply with the Uniform Standards of Professional Appraisal Practi…

339.537. Records to be retained, retention period — availability of records for appraisers, when, cost. — 1. 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 ap…

339.539. Choosing an appraiser or discriminating against one for membership or lack of membership in appraisal organization prohibited. — No bank, savings and loan association, credit union, mortgage banker or lending institution may exclude a state certified real estate appraise…

339.541. Deception or fraud in applications, taking examination or falsely representing to public certification or licensure, penalty. — 1. It shall be a class B misdemeanor for any person to practice any deception or fraud with respect to his or her identity in connection with a…

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…