Section 339.010

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 339

Effective - 28 Aug 2015, 6 histories   

  109.130.  Reproduced records deemed original, when. — 1.  A "real estate broker" is any person, partnership, limited partnership, limited liability company, association, professional corporation, 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 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, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, domestic or foreign 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.  A "real estate broker-salesperson" is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, domestic or foreign, who has a real estate broker license in good standing, 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.  A real estate broker-salesperson may not also operate as a real estate broker.  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.

  4.  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.

  5.  "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.

  6.  "Advertising" shall mean any communication, whether oral or written, between a licensee or other entity acting on behalf of one or more licensees and the public, and shall include, but not be limited to, business cards, signs, insignias, letterheads, radio, television, newspaper and magazine ads, internet advertising, websites, display or group ads in telephone directories, and billboards.

  7.  "Correspondence" shall mean any written or electronic communication but shall exclude any communication that is ephemeral in nature.  Ephemeral information includes text messages, instant message, and any other information or communication which is not designed to be retained or create a permanent record for use in any transaction calculated or intended to result in the sale, exchange, leasing, or rental of real estate.

  8.  "Sold", as used in sections 339.010 to 339.180 and sections 339.710 to 339.860^*, shall mean that the title to the real estate has been transferred or that the real estate has become subject to a bona fide sale contract or purchase agreement.

  9.  The provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860^* shall not apply to:

  (1)  Any person, partnership, limited partnership, limited liability company, association, professional corporation, 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;

  (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, internet site, internet communications, or any form of communications regulated or licensed by the Federal Communications Commission or any successor agency or commission whereby the advertising of real estate is incidental to its operation;

  (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, 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.

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(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, A.L. 2006 H.B. 1339, A.L. 2008 S.B. 788, A.L. 2010 H.B. 1692, et al. merged with S.B. 754, A.L. 2015 H.B. 385)

*Section 339.860 was repealed by S.B. 613 Revision, 2007.

(2011) Section meets constitutional requirements of directly advancing state interest in assuring honest and competent practice of real estate, and restrictions do not exceed the state's interest. KCPA v. Missouri Real Estate Commission, 344 S.W.3d 160 (Mo. banc).