471 questions

Missouri Agency

A Missouri licensee who has not entered into any written brokerage agreement with a party is presumed to be:

  • a.A transaction broker✓
  • b.A subagent of the seller
  • c.A limited agent of the buyer
  • d.A disclosed dual agent

Missouri's default brokerage relationship is transaction brokerage. A licensee is considered a transaction broker unless one of the written agreements listed in section 339.780 is entered into, or the licensee is performing only ministerial acts. Cite: RSMo 339.720.2.

Missouri Agency

When a Missouri designated broker appoints a licensee as a designated agent, the appointment:

  • a.Automatically makes the broker a dual agent
  • b.Must be approved by the commission first
  • c.Applies to every client of the brokerage
  • d.Excludes all other affiliated licensees✓

The designated broker appoints affiliated licensees in writing as designated agents to the exclusion of all other affiliated licensees, and an affiliated licensee who then assists a party without a written agreement is presumed to be a transaction broker. Cite: RSMo 339.820.1; 20 CSR 2250-8.020(4).

Missouri Agency

A Missouri designated broker who appoints designated agents for both the buyer and the seller in one transaction:

  • a.Automatically becomes a dual agent in that transaction
  • b.Is not a dual agent solely because of them✓
  • c.Must obtain the commission's written approval
  • d.Must withdraw from the transaction

Such a broker becomes a dual agent or transaction broker only upon learning confidential information about either party, upon being consulted by a licensee in the transaction, or by personally representing or assisting one side. Cite: RSMo 339.820.2; 20 CSR 2250-8.020(5).

Missouri Agency

Missouri permits a licensee to act as a dual agent only when:

  • a.All parties to the transaction have consented✓
  • b.The seller's designated broker waives the conflict
  • c.The commission has issued a written waiver
  • d.Both brokerages share one designated broker

A licensee may act as a dual agent only with the consent of all parties, and consent is presumed by a written agreement under section 339.780. Cite: RSMo 339.750.1.

Missouri Agency

Without consent, a Missouri dual agent may not tell the buyer that:

  • a.The property is listed below market value
  • b.The seller has received no other written offers
  • c.The seller will take less than the asking price✓
  • d.The roof has an unrepaired structural defect

The statute bars a dual agent from disclosing, without the client's consent, that a party will accept less or pay more, the party's motivating factors, willingness to change financing terms, or the terms of prior offers. Adverse material facts must still be disclosed. Cite: RSMo 339.750.4.

Missouri Agency

In Missouri, the fact that a seller pays a cooperating broker's fee:

  • a.Creates a limited agency with the seller
  • b.Does not by itself create an agency✓
  • c.Requires the broker to act as a dual agent
  • d.Makes that broker a subagent

Compensation may be paid by the seller, landlord, buyer, tenant, a third party, or shared between designated brokers, and payment alone establishes neither an agency nor a transaction brokerage relationship. Cite: RSMo 339.800.1-.2.

Missouri Agency

Missouri requires the written confirmation of brokerage relationships to be signed:

  • a.Within ten days after acceptance
  • b.At the closing of the real estate transaction
  • c.Before the property is first shown
  • d.On or before a party's first contract signature✓

The confirmation identifies the licensee's brokerage relationship and the source of compensation, confirms that the required disclosures were made and that the Broker Disclosure Form was received, and is signed and dated by the parties. Cite: 20 CSR 2250-8.096(1).

Missouri Agency

At the latest, a Missouri licensee must give the Broker Disclosure Form to an unrepresented party:

  • a.When the purchase contract is first prepared for signature
  • b.At the first showing of any listed property
  • c.On obtaining personal or financial information✓
  • d.Before the closing statement is delivered

The form is due at the earliest practicable opportunity during or following first substantial contact, and in any event upon obtaining any personal or financial information or before a brokerage service agreement is signed, whichever occurs first. Cite: 20 CSR 2250-8.097(1); RSMo 339.770.1.

Missouri Agency

A Missouri seller's agent must disclose that agency status to an unrepresented buyer:

  • a.No later than the first showing✓
  • b.Within ten days of first contact
  • c.When the sale contract is signed
  • d.Only when a written offer is made

A licensee acting as an agent or subagent of the seller or landlord discloses that status no later than the first showing to a buyer or tenant who is not represented by or working with another licensee. Cite: 20 CSR 2250-8.095(1)(A)1.

Missouri Agency

After a Missouri brokerage agreement expires, the licensee still owes the client:

  • a.Continued marketing of the listed property
  • b.Accounting and confidentiality✓
  • c.Reasonable skill, care and diligence
  • d.Loyalty in any later transaction

Only two duties survive termination, expiration, completion or performance: accounting in a timely manner for money and property received during the relationship, and treating the client's information as confidential subject to the listed exceptions. Cite: RSMo 339.790.2.

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Missouri Agency

Which act by a Missouri licensee is ministerial and therefore creates no brokerage relationship?

  • a.Preparing a comparative market analysis for a seller
  • b.Advising a buyer on what price to offer
  • c.Negotiating repairs after inspection
  • d.Setting an appointment to view a property✓

Ministerial acts are informative in nature: answering questions about price or availability, setting showing appointments, describing a property, accompanying an inspector, or referring a consumer to another broker or service provider. Cite: RSMo 339.710(19).

Missouri Practice

Missouri requires earnest money to reach the broker's escrow account no later than:

  • a.Ten banking days after the last signature✓
  • b.Two banking days after the offer is first made
  • c.Five banking days after the closing date
  • d.The next business day after acceptance

The deposit is due no later than ten banking days following the last date on which the signatures or initials of all parties to the contract are obtained, unless the contract provides otherwise. Cite: 20 CSR 2250-8.120(1).

Missouri Practice

A Missouri salesperson who receives an earnest money check must:

  • a.Deposit it into the escrow account personally
  • b.Hold it until the offer has been accepted
  • c.Forward it to the title company
  • d.Deliver it immediately to the broker✓

A licensee shall immediately deliver to the broker with whom affiliated all money received in connection with a real estate transaction; the broker, not the salesperson, makes the escrow deposit. Cite: 20 CSR 2250-8.120(2).

Missouri Practice

When Missouri parties dispute earnest money, the broker may disburse on a good-faith decision only after:

  • a.Thirty days and a written release
  • b.Ninety days and a court order on the funds
  • c.Sixty days and fifteen days' written notice✓
  • d.Ten days and written notice to the lender

Absent a written release or a pending civil action, sixty days must pass from the date of the dispute, and the broker must first give fifteen days' written notice by certified mail to all parties setting out the proposed action. Cite: 20 CSR 2250-8.130(2).

Missouri Practice

Missouri requires a broker to report and deliver disputed escrow money to the state treasurer within:

  • a.180 days of the date on which the dispute arose
  • b.365 days of the initial projected closing date✓
  • c.90 days of the contract's termination
  • d.Two years of the last deposit

Where ownership of escrow money is in dispute, the broker reports and delivers the money to the state treasurer within three hundred sixty-five days of the initial projected closing date, under the unclaimed property law. Cite: RSMo 339.105.4.

Missouri Practice

How much of a Missouri broker's own money may sit in the escrow account to cover service charges?

  • a.Up to five hundred dollars per account
  • b.Up to five thousand dollars
  • c.None of the broker's own money
  • d.Up to one thousand dollars✓

The sum must be specifically identified and deposited to cover service charges related to the account. Any other personal funds in the account are commingling. Cite: RSMo 339.105.1.

Missouri Practice

Missouri brokers must retain transaction records for at least:

  • a.Three years✓
  • b.Seven years after closing
  • c.Five full years
  • d.One calendar year

True copies of business books, accounts, records, contracts, brokerage relationship agreements, closing statements and correspondence for each transaction must be kept three years and produced for commission inspection during business hours. Cite: 20 CSR 2250-8.160(1).

Missouri Practice

A Missouri listing that pays the broker everything above a price the owner sets is:

  • a.An open listing, which Missouri allows
  • b.An exclusive agency listing, which is allowed
  • c.A net listing, which is prohibited✓
  • d.A guaranteed sales plan, which is allowed

No licensee shall make or enter into a net listing agreement, defined as one stipulating a net price to the owner with the excess over that price going to the broker as commission. Cite: 20 CSR 2250-8.090(4)(F).

Missouri Practice

A Missouri salesperson's advertisement showing the salesperson's name and phone number must also show:

  • a.Only the brokerage's street address and city
  • b.The broker's name and phone number✓
  • c.The multiple listing service number
  • d.The salesperson's own license number

Advertising by a licensee with no interest in the property must be under the direct supervision and in the name of the broker who holds the license, and no advertisement may show only a post office box, telephone number or street address. Cite: 20 CSR 2250-8.070(2)-(3).

Missouri Practice

The Missouri Human Rights Act names one housing protected class the federal Fair Housing Act does not:

  • a.The age of the head of the household
  • b.The marital status of the applicant
  • c.Ancestry, alongside national origin✓
  • d.The source of the applicant's income

It is an unlawful housing practice in Missouri to discriminate because of race, color, religion, national origin, ancestry, sex, disability or familial status. Ancestry is listed separately from national origin, and the act says disability rather than handicap. Cite: RSMo 213.040.1 (eff. 8/28/2017).

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Missouri Practice

A Missouri housing discrimination complaint must be filed with the Missouri Commission on Human Rights within:

  • a.180 days of the alleged act✓
  • b.Two years of the alleged act
  • c.One year of the alleged act
  • d.Ninety days of the alleged act

Filing a verified complaint within one hundred eighty days is a jurisdictional condition precedent to a civil action; a late complaint leaves the commission no power except to dismiss for lack of jurisdiction. Cite: RSMo 213.075.1 (eff. 8/28/2017).

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