Section 339.190

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 339

Effective - 28 Aug 2011, 3 histories, see footnote   (history) 

  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, mortgage brokers, home inspectors, or other home inspection experts unless:

  (1)  The statement was made by a person employed by the licensee or the broker with whom the licensee is associated;

  (2)  The person making the statement was selected by and engaged by the licensee.  For purposes of this section, the ordering of a report or inspection alone shall not constitute selecting or engaging a person; or

  (3)  The licensee knew prior to closing that the statement was false or the licensee acted in reckless disregard as to whether the statement was true or false.

  2.  A real estate licensee shall not be the subject of any action and no action shall be instituted against a real estate licensee for any information contained in a seller's disclosure for residential, commercial, industrial, farm, or vacant real estate furnished to a buyer, unless the real estate licensee is a signatory to such or the licensee knew prior to closing that the statement was false or the licensee acted in reckless disregard as to whether the statement was true or false.

  3.  A real estate licensee acting as a courier of documents referenced in this section shall not be considered to be making the statements contained in such documents.

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(L. 2004 S.B. 1211 § 1, A.L. 2011 H.B. 220 merged with S.B. 325)