13 questions

Missouri License Law (Ch. 339 RSMo)

Real estate licensing in Missouri is governed by Chapter 339 RSMo and administered by which body?

  • a.The Missouri Real Estate Commission (MREC)
  • b.The National Association of REALTORS
  • c.The local multiple listing service
  • d.The U.S. Department of Housing and Urban Development

The Missouri Real Estate Commission (MREC), part of the Division of Professional Registration, licenses and regulates real estate brokers and salespersons under Chapter 339 of the Revised Statutes of Missouri. Private trade groups and the MLS do not issue or regulate licenses.

Missouri License Law (Ch. 339 RSMo)

In Missouri, a licensed salesperson may lawfully receive compensation for a brokerage transaction from:

  • a.Any party to the transaction directly
  • b.Only the broker with whom the salesperson is licensed
  • c.The buyer only
  • d.The Missouri Real Estate Commission

Under Missouri license law a salesperson works under and is paid by their employing broker. A salesperson may not accept a commission or fee directly from a buyer, seller, or another broker; compensation must flow through the broker who holds the salesperson's license.

Missouri License Law (Ch. 339 RSMo)

A Missouri broker who deposits a client's earnest money into the broker's personal or operating account has engaged in commingling, which is:

  • a.Permitted if the client is told
  • b.Prohibited under Missouri license law
  • c.Required for small deposits
  • d.Allowed for up to 30 days

Missouri license law requires client funds to be held separately in an escrow or trust account. Mixing client money with the broker's own funds (commingling) is prohibited and is grounds for discipline by the Missouri Real Estate Commission.

Missouri License Law (Ch. 339 RSMo)

The Missouri Real Estate Commission is composed of:

  • a.Five members, all licensed real estate brokers
  • b.Nine members appointed by the legislature
  • c.Seven members including one public member
  • d.Seven members who must all be brokers

Seven persons are appointed by the governor with the advice and consent of the senate. All but one voting public member must have had at least ten years' experience as a real estate broker. Cite: RSMo 339.120.1 (eff. 8/28/2018).

Missouri License Law (Ch. 339 RSMo)

Members of the Missouri Real Estate Commission serve terms of:

  • a.Three years
  • b.Five years
  • c.Four years
  • d.Seven years

Terms run five years, and members continue until their successors are appointed and qualified. Vacancies are filled by the governor for the unexpired term. Cite: RSMo 339.120.1.

Missouri License Law (Ch. 339 RSMo)

Before the Missouri Real Estate Commission may suspend or revoke a license, the case is heard by:

  • a.The Missouri Commission on Human Rights
  • b.The circuit court of Cole County
  • c.A hearing panel of local brokers
  • d.The Administrative Hearing Commission

MREC files the complaint with the Administrative Hearing Commission under chapter 621. The AHC makes findings of fact and conclusions of law, and only then may MREC suspend, revoke, place on probation, or assess a civil penalty. Cite: RSMo 339.100.2-.3 (eff. 8/28/2026); RSMo 339.205.1.

Missouri License Law (Ch. 339 RSMo)

The civil penalty the Missouri Real Estate Commission may impose is limited to:

  • a.$10,000 for each offense
  • b.$1,000 for each offense
  • c.$2,500 for each offense
  • d.$500 for each offense

Each day of a continued violation is a separate offense, subject to an overall maximum of twenty-five thousand dollars. Cite: RSMo 339.205.2; RSMo 339.100.3.

Missouri License Law (Ch. 339 RSMo)

Knowingly violating Missouri's real estate license law is:

  • a.A class B misdemeanor
  • b.A class A misdemeanor
  • c.A class D felony
  • d.An infraction

Any person or entity knowingly violating sections 339.010 to 339.180 or 339.710 to 339.860 is guilty of a class B misdemeanor, and that penalty does not displace civil liability or prosecution under other law. Cite: RSMo 339.170.

Missouri License Law (Ch. 339 RSMo)

An unlicensed person who negotiates a Missouri property sale for a fee:

  • a.May recover the fee if the seller agreed
  • b.May sue the seller for the reasonable value
  • c.Must split the fee with a licensed broker
  • d.Cannot maintain a court action for the commission

A plaintiff suing for real estate compensation must allege and prove that it was licensed at the time the cause of action arose. Cite: RSMo 339.160.

Missouri License Law (Ch. 339 RSMo)

Which of these persons may perform brokerage acts in Missouri without a real estate license?

  • a.An unlicensed assistant who is paid a per-sale bonus
  • b.An auctioneer employed by the property owner
  • c.A salesperson whose license is inactive
  • d.A broker licensed only in another state

Chapter 339 does not apply to owners and lessors dealing in their own property, licensed attorneys, auctioneers employed by the owner, court-appointed fiduciaries, or developers selling Missouri land they own. Cite: RSMo 339.010.9.

Missouri License Law (Ch. 339 RSMo)

A Missouri licensee who ignores a written inquiry from the commission is subject to discipline after:

  • a.Thirty days from the date of the request
  • b.Ninety days from the date of the request
  • c.Sixty days from the date of the request
  • d.Ten days from the date of the request

Failure to respond in writing within thirty days of a commission request or inquiry mailed to the licensee's registered address is itself sufficient grounds for disciplinary action. Cite: 20 CSR 2250-8.170(1).

Missouri License Law (Ch. 339 RSMo)

Under Missouri's license law, the statutory definition of correspondence excludes:

  • a.Letters sent to a client by certified mail
  • b.Email exchanged with a cooperating broker
  • c.Text messages and instant messages
  • d.Signed listing agreements

Correspondence means any written or electronic communication but excludes ephemeral information, which the statute defines to include text messages, instant messages and anything else not designed to be retained or to create a permanent record. Cite: RSMo 339.010.7.

Missouri License Law (Ch. 339 RSMo)

A Missouri licensee is generally immune from liability for a statement made by a home inspector unless:

  • a.The inspector's report was given to the buyer
  • b.The buyer relied on the inspector's opinion
  • c.The licensee selected and engaged the inspector
  • d.The licensee ordered the inspection report

Immunity is lost if the person was employed by the licensee or the broker, if the licensee selected and engaged that person, or if the licensee knew before closing that the statement was false or acted in reckless disregard. Ordering a report alone is not selecting or engaging. Cite: RSMo 339.190.1.

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