Title XXII — OCCUPATIONS AND PROFESSIONS

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…

*339.507. Real estate appraisers commission and chairperson, appointment — terms — vacancies, meetings — quorum — per diem — expenses — annual report. — 1. There is hereby created within the division of professional registration the "Missouri Real Estate Appraisers Commission", w…

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…

*339.531. Complaint procedure — effective date. — 1. Any person may file a complaint with the commission alleging that a licensee has committed any combination of the acts or omissions provided in subsection 2 of section 339.532. A complaint shall be in writing and shall be signe…

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…

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…

340.200. Definitions. — When used in sections 340.200 to 340.330, the following terms mean: (1) "Accredited school of veterinary medicine", any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent and …