2025 QUESTIONS AND ANSWERS
Mo Statute 339 - ANS License Law RSMO 1986
License Law - ANS Any person who performs a RE service on behalf of another party for
CONSIDERATION must be licensed; i.e. broker transactions, managing property, appraising,
counseling, syndicating, auctioning
Consideration - ANS Includes $ compensation, exchange of free services, or any other
valuable good or service that a person expects to be paid (Vital in license law requirement)
MO Real Estate Commission (MREC) - ANS -authority is:
1. Regulatory
2. Judicial
3. Administrative
State level gov't entity that regulates and administers license law by passing rules and making
known in license law
- violate MO license law and guilty= Class B Misdemeanor
MREC - State regulator of RE licenses, established by legislature, 7 members 5 years, protect
the public: suspend, revoke, or probation
- can never fine a licensee and will not involve in a commission $ dispute
-subpoenas
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,-civil penalty $2,500 fine/occurrence
- can investigate without complaint
- can file complaint in ANY COURT OF COMPETENT JURISDICTION
MREC CAUSES COMPLAINT FILED WITH ADMIN HEARING COMMISSION;
The Missouri Real Estate Commission was created by an act of the 61st General Assembly and
approved by the governor on July 31, 1941.
The Commission consists of seven voting members. Six of those members must have at least 10
years experience as real estate brokers. A public member serves as the seventh member. Each
commissioner is appointed for a five-year term.
Under the provisions of the real estate act, no real estate broker or salesperson may act as such
without first procuring a license from the Commission. Other responsibilities include
investigating complaints generated by consumers against the acts of a real estate licensee and
auditing real estate escrow accounts to verify proper handling of buyers' earnest money. The
Commission also approves all real estate prelicensing and continuing education courses.
The Commission meets regularly to review complaints, investigations and audits and to take up
other matters. The Missouri Real Estate Commission performs duties necessary to carry out the
provisions of the real estate license law.
MO Admin Hearing Commission (MAHC) - ANS Determines guilt/innocence; if guilty, sent to
MREC for punishment or dismissal.
- 3 attorneys, work for attorney general
- public crimes (other than license laws) sent to attorney general for disposition
Brokers License Types - ANS - Individual: active or inactive
- corporation
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,- LLC
- Partnership
- Non resident
VOIDED: expiration, suspension, revocation
Salesperson's License Types - ANS Individual: active or inactive
Broker Salesperson: Active or Inactive
Branch Offices - ANS - Broker salesperson office (NOT salesperson) can manage branch office
- branch office under a principal broker would operate under principal broker's license
Licensing - Renewals/ Termination Etc - ANS Brokers license renews by 6/30 of even years
($50)
Salesp must renew by 9/30 of even years ($40)
-2 yrs salesperson before broker
- broker must notify MREC within 72 hours of termination
- Salesperson has 6 months to find new broker or place on inactive
- Listings belong to broker (transfer req written consent)
- "Dual Contracts" to deceive lender = federal offense
Broker Requirements - Place of Biz - ANS Sufficient size sign est RE office, maintain pl of biz in
state during biz hrs, supervise all salesp, same name at branch off
Broker Reqs - Deposits / $ - ANS Brokers must have Escrow or Trust accts unless exempted
by MREC
Deposits - broker must deposit $ w/in 10 days of accepting purchase offer
- unless other agrmt, cobroker transfer funds deposit into listing brokers escrow acct
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, Accounts must be NON int bearing unless otherwise agreed in writing; must clarify who
receives interest
- only negotiable items can be placed in escrow (check, cash, or money order); Seller must
agree to other items as earnest deposit (i.e. ring, boat, note, etc)
-salesperson must deliver earnest $ to broker IMMEDIATELY
-if dispute over earnest $, broker should hold $ until all parties sign a release, or within 365
days, if no agrmt, release and to state treasury
- Contract failed: AFTER 60 days broker sent registered letter saying would give earnest $ to
seller; lacking response from either party could release $ AFTER 15 DAYS
Broker has 15 days to notify buyer and seller of escrow problem
Net Listing - ANS Illegal in MO; An owner sets a minimum amount that he wants to receiver
from the sale of the property and lets the broker have as commission any amount above the set
minimum.
Commingling/ Conversion - ANS =doing something wrong with someone's money; i.e.
depositing late, taking out too soon, or using $ without permission
Advertising Laws (sec 6)**** - ANS Discrimin. Adv - illegal and violation of Federal Fair
Housing Law
- NO inducements: valuable consideration for secure customer to lease, purchase, list, sell
- Guaranteed profit: guaranteeing future profits if resale not allowed
- Co name must always appear
- Salesp contact info, equivalent brokerage info
- Blind Advertising: must include broker's reg biz name
Institutional Advertising: Advertise company or individual, not specific property
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