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Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 339

previous next Effective - 28 Aug 2004bottom

  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 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.

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(L. 1978 S.B. 811, A.L. 1981 S.B. 16, A.L. 2004 H.B. 985)


---- end of effective   28 Aug 2004 ----

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