Chapter 26: Missouri Rules

General Rules - Advertising

Advertising shall mean any communication, whether oral or written, between a licensee or other entity acting on behalf of one or more licensees and the public, and shall include, but not be limited to, business cards, signs, insignias, letterheads, radio, television, newspaper and magazine ads, internet advertising, websites, display or group ads in telephone directories, and billboards.

General Rules - Real Estate

Real Estate shall mean, and include, leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or non-freehold, and the real estate is situated in this state.

A salesperson candidate must successfully complete the 48-hour Missouri Salesperson Pre-Examination Course. In addition, the candidate must complete

24 hours Missouri Real Estate Practice Course

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.010 Definitions — inapplicability of chapter.

339.010. Definitions — inapplicability of chapter. — 1. A "real estate broker" is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, foreign or domestic who, for another, and for a compensation or valuable consideration, does, or attempts to do, any or all of the following: (1) Sells, exchanges, purchases, rents, or leases real estate; (2) Offers to sell, exchange, purchase, rent, or lease real estate; (3) Negotiates or offers or agrees to negotiate the sale, exchange, purchase, rental, or leasing of real estate; (4) Lists or offers or agrees to list real estate for sale, lease, rental, or exchange; (5) Buys, sells, offers to buy or sell, or otherwise deals in options on real estate or improvements thereon; (6) Advertises or holds himself or herself out as a licensed real estate broker while engaged in the business of buying, selling, exchanging, renting, or leasing real estate; (7) Assists or directs in the procuring of prospects, calculated to result in the sale, exchange, leasing, or rental of real estate; (8) Assists or directs in the negotiation of any transaction calculated or intended to result in the sale, exchange, leasing, or rental of real estate; (9) Engages in the business of charging to an unlicensed person an advance fee in connection with any contract whereby the real estate broker undertakes to promote the sale of that person's real estate through its listing in a publication issued for such purpose intended to be circulated to the general public; (10) Performs any of the foregoing acts on behalf of the owner of real estate, or interest therein, or improvements affixed thereon, for compensation. 2. A "real estate salesperson" is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, domestic or foreign who for a compensation or valuable consideration becomes associated, either as an independent contractor or employee, either directly or indirectly, with a real estate broker to do any of the things above mentioned. The provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860* shall not be construed to deny a real estate salesperson who is compensated solely by commission the right to be associated with a broker as an independent contractor. 3. A "real estate broker-salesperson" is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, domestic or foreign, who has a real estate broker license in good standing, who for a compensation or valuable consideration becomes associated, either as an independent contractor or employee, either directly or indirectly, with a real estate broker to do any of the things above mentioned. A real estate broker-salesperson may not also operate as a real estate broker. The provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860* shall not be construed to deny a real estate salesperson who is compensated solely by commission the right to be associated with a broker as an independent contractor. 4. The term "commission" as used in sections 339.010 to 339.180 and sections 339.710 to 339.860* means the Missouri real estate commission. 5. "Real estate" for the purposes of sections 339.010 to 339.180 and sections 339.710 to 339.860* shall mean, and include, leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold, and the real estate is situated in this state. 6. "Advertising" shall mean any communication, whether oral or written, between a licensee or other entity acting on behalf of one or more licensees and the public, and shall include, but not be limited to, business cards, signs, insignias, letterheads, radio, television, newspaper and magazine ads, internet advertising, websites, display or group ads in telephone directories, and billboards. 7. "Correspondence" shall mean any written or electronic communication but shall exclude any communication that is ephemeral in nature. Ephemeral information includes text messages, instant message, and any other information or communication which is not designed to be retained or create a permanent record for use in any transaction calculated or intended to result in the sale, exchange, leasing, or rental of real estate. 8. "Sold", as used in sections 339.010 to 339.180 and sections 339.710 to 339.860*, shall mean that the title to the real estate has been transferred or that the real estate has become subject to a bona fide sale contract or purchase agreement. 9. The provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860* shall not apply to: (1) Any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation who as owner, lessor, or lessee shall perform any of the acts described in subsection 1 of this section with reference to property owned or leased by them, or to the regular employees thereof; (2) Any licensed attorney-at-law; (3) An auctioneer employed by the owner of the property; (4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or while acting under a court order or under the authority of a will, trust instrument or deed of trust or as a witness in any judicial proceeding or other proceeding conducted by the state or any governmental subdivision or agency; (5) Any person employed or retained to manage real property by, for, or on behalf of the agent or the owner of any real estate shall be exempt from holding a license, if the person is limited to one or more of the following activities: (a) Delivery of a lease application, a lease, or any amendment thereof, to any person; (b) Receiving a lease application, lease, or amendment thereof, a security deposit, rental payment, or any related payment, for delivery to, and made payable to, a broker or owner; (c) Showing a rental unit to any person, as long as the employee is acting under the direct instructions of the broker or owner, including the execution of leases or rental agreements; (d) Conveying information prepared by a broker or owner about a rental unit, a lease, an application for lease, or the status of a security deposit, or the payment of rent, by any person; (e) Assisting in the performance of brokers' or owners' functions, administrative, clerical or maintenance tasks; (f) If the person described in this section is employed or retained by, for, or on behalf of a real estate broker, the real estate broker shall be subject to discipline under this chapter for any conduct of the person that violates this chapter or the regulations promulgated thereunder; (6) Any officer or employee of a federal agency or the state government or any political subdivision thereof performing official duties; (7) Railroads and other public utilities regulated by the state of Missouri, or their subsidiaries or affiliated corporations, or to the officers or regular employees thereof, unless performance of any of the acts described in subsection 1 of this section is in connection with the sale, purchase, lease or other disposition of real estate or investment therein unrelated to the principal business activity of such railroad or other public utility or affiliated or subsidiary corporation thereof; (8) Any bank, trust company, savings and loan association, credit union, insurance company, mortgage banker, or farm loan association organized under the laws of this state or of the United States when engaged in the transaction of business on its own behalf and not for others; (9) Any newspaper, magazine, periodical, internet site, internet communications, or any form of communications regulated or licensed by the Federal Communications Commission or any successor agency or commission whereby the advertising of real estate is incidental to its operation; (10) Any developer selling Missouri land owned by the developer; (11) Any employee acting on behalf of a nonprofit community, or regional economic development association, agency, or corporation which has as its principal purpose the general promotion and economic advancement of the community at large, provided that such entity: (a) Does not offer such property for sale, lease, rental, or exchange on behalf of another person or entity; (b) Does not list or offer or agree to list such property for sale, lease, rental, or exchange; or (c) Receives no fee, commission or compensation, either monetary or in kind, that is directly related to sale or disposal of such properties. An economic developer's normal annual compensation shall be excluded from consideration as commission or compensation related to sale or disposal of such properties; or (12) Any neighborhood association, as that term is defined in section 441.500, that without compensation, either monetary or in-kind, provides to prospective purchasers or lessors of property the asking price, location, and contact information regarding properties in and near the association's neighborhood, including any publication of such information in a newsletter, internet site, or other medium.

1. A "real estate broker" is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, foreign or domestic who, for another, and for a compensation or valuable consideration, does, or attempts to do, any or all of the following:

(1) Sells, exchanges, purchases, rents, or leases real estate (2) Offers to sell, exchange, purchase, rent, or lease real estate (3) Negotiates or offers or agrees to negotiate the sale, exchange, purchase, rental, or leasing of real estate (4) Lists or offers or agrees to list real estate for sale, lease, rental, or exchange (5) Buys, sells, offers to buy or sell, or otherwise deals in options on real estate or improvements thereon (6) Advertises or holds himself or herself out as licensed real estate broker while engaged in the business of buying, selling, exchanging, renting, or leasing real estate (7) Assists or directs in the procuring of prospects, calculated to result in the sale, exchange, leasing, or rental of real estate (8) Assists or directs in the negotiation of any transaction calculated or intended to result in the sale, exchange, leasing, or rental of real estate (9) Engages in the business of charging to an unlicensed person an advance fee in connection with any contract whereby the real estate broker undertakes to promote the sale of that person's real estate through its listing in a publication issued for such purpose intended to be circulated to the general public (10) Performs any of the foregoing acts on behalf of the owner of real estate, or interest therein, or improvements affixed thereon, for compensation

Licenses - Individual License; Business Name

A broker shall not conduct business under any other name or at any other address than the one for which the broker's individual license is issued unless the broker first complies with 20 CSR 2250-4.030 (Fictitious Name). If a broker changes his/her name, home or business address, the broker shall notify the commission in writing within 10 days after the change becomes effective.

Licenses - Broker-Salesperson Relationship

A broker whose license is in good standing and who elects to operate under the supervision of a licensed broker shall surrender his/her license to the commission for conversion to a broker-salesperson license. A broker-salesperson license will be issued upon receipt of the properly completed application accompanied by the required fee. No individual holding a broker-salesperson license may have a salesperson licensed under him/her. A broker license may be reinstated upon proper application to the commission accompanied by the required fee.

General Rules - Real Estate Broker

A real estate broker is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, foreign or domestic who, for another, and for a compensation or valuable consideration, does, or attempts to do, any or all of the following: -sells, exchanges, purchases, rents, or leases real estate; -offers to sell, exchange, purchase, rent, or lease real estate; -negotiates or offers or agrees to negotiate the sale, exchange, purchase, rental, or leasing of real estate; -lists or offers or agrees to list real estate for sale, lease, rental, or exchange; -buys, sells, offers to buy or sell or otherwise deals in options on real estate or improvements thereon; -advertises or holds himself or herself out as a licensed real estate broker while engaged in the business of buying, selling, exchanging, renting, or leasing real estate; -assists or directs in the procuring of prospects, calculated to result in the sale, exchange, leasing, or rental of real estate; -assists or directs in the negotiation of any transaction calculated or intended to result in the sale, exchange, leasing, or rental of real estate; -engages in the business of charging to an unlicensed person an advance fee in connection with any contract whereby the real estate broker undertakes to promote the sale of that person's real estate through its listing in a publication issued for such purpose intended to be circulated to the general public; -performs any of the foregoing acts on behalf of the owner of real estate, or interest therein, or improvements affixed thereon, for compensation.

General Rules - Real Estate Broker-Salesperson

A real estate broker-salesperson is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, domestic or foreign, who has a real estate broker license in good standing, who for a compensation or valuable consideration becomes associated, either as an independent contractor or employee, either directly or indirectly, with a real estate broker to do any of the things above mentioned. A real estate broker-salesperson may not also operate as a real estate broker.

General Rules - Real Estate Salesperson

A real estate salesperson is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, domestic or foreign who for a compensation or valuable consideration becomes associated, either as an independent contractor or employee, either directly or indirectly, with a real estate broker to do any of the things above mentioned.

Licenses - Applications for License

-Applications for licenses shall be in writing, on blanks furnished by the commission, accompanied by such information and recommendations as it may require. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration. -Licenses shall be granted only to persons who present, and corporations, associations, or partnerships whose officers, associates, or partners present, satisfactory proof to the commission that they are person of good moral character; bear a good reputation for honesty, integrity, and fair dealing; and are competent to transact the business of a broker or salesperson in such a manner as to safeguard the interest of the public. -All individuals applying for an original Missouri real estate license must provide acceptable proof of having submitted fingerprints to the Missouri State Highway Patrol's approved vendor for both a Missouri State Highway Patrol and a Federal Bureau of Investigation fingerprint background check. Any fees due to fingerprint background checks shall be paid by the applicant directly to the Missouri State Highway Patrol or its approved vendor.

Licenses - Key Points

-Broker and salesperson applicants must successfully complete the required education from an accredited school and successfully pass the required exam -A background check, conducted by the Missouri state police and the FBI is required for new salesperson applicants -Missouri brokers must renew their license every two years, on the even year, by June 30. A salesperson must renew every two years, on the even year, by September 30. A salesperson cannot renew his or her license unless the broker has renewed. -Education requirements for license renewal for both broker and salesperson is twelve hours of continuing education consisting of three hours of core--mandatory law course as approved by the commission and nine hours of elective courses approved by the commission. The commission will not approve courses that focus on salesmanship or advertising. Courses must be consumer-centric. -If a licensee fails to complete required education to renew his or her license by the specified renewal date, the licensee cannot renew until completing the Missouri Real Estate Practice (MREP) course and paying a delinquent fine of $50 per month, not to exceed $200. The licensee has 6 months from the date on the MREP course to apply for renewal or must requalify as a new agent. -If a licensee is delinquent in applying for license renewal, but has taken the required education, the licensee is required to pay the delinquent fine of $50 per month, not to exceed $200. -Fictitious names must be registered with the Secretary of State and a copy of the registration provided to the commission within ten days of receipt from the Secretary of State. -If a broker changes his or her name, home or business address, he or she has ten days from the change to submit the information to the commission. -When a licensee transfers from one broker to another without changing license type, the licensee shall be deemed transferred at the time the properly completed application is mailed by certified, registered, or overnight delivery. -Upon termination of a licensee's association with a broker, the listings are to remain with the original broker. -Licensees on inactive status must renew as inactive, on proper renewal forms, every two years. Inactive licensees may not accept compensation for, or participate in real estate activities requiring an active license.

General Rules - Disputes

-The purpose of chapter 339 of the Missouri statutes is to protect the public. The commission will not arbitrate commission between licensees. If a real estate agent is a member of a local REALTOR® association, the Realtor® Code of Ethics makes provisions for commission arbitration. -The commission will not enter into disputes between licensees concerning matters of commissions. The license law and these rules are designed to regulate the business conduct of licensees in the interest of the public and to discipline licensees when warranted. The commission has no authority to award money damages, but, as a condition of probation, may order restitution be made to injured parties.

General Rules - Requirement of Licensure

-This section of the Missouri statutes defines the activities of person(s) or entity(ies) that require a Missouri real estate license. When negotiating or advertising real estate for another, and for compensation, a real estate license is required. -Exempt from the requirement of licensure are those who are selling their own property, such as for sale, or for rent by owner and licensed attorneys-at-law. An auctioneer employed by the property owner is also exempt from requirements of licensure. Additionally, persons acting as trustees, estate executor, or court appointed persons, such as guardians, are exempt.

Licenses - Transfer of License

-Transfer of Salesperson License or Broker-Salesperson License: Within 72 hours of the termination of the association of any broker-salesperson or salesperson, a broker shall notify the commission and shall return to the commission that licensee's license. The broker shall provide a dated and timed receipt to the licensee when the licensee submits a letter of termination to the broker. When a licensee's license is surrendered to the commission, the licensee shall have 6 months in which to transfer to another broker or change license status. If the application for transfer or change in status is not made within the 6 month period, the applicant will be required to complete the required Missouri Real Estate Practice Course and show proof of satisfactory completion of that course within 6 months prior to reinstatement of the license. If the license is not transferred or placed on inactive status, or if no status change has been made within the subsequent renewal period, the licensee will be required to requalify as if an original applicant. -Transfer of License/Engagement in Real Estate Activities: An original licensee of a licensee changing license status/type shall not be deemed to be entitled to engage in any activity for which a license is required until the new license is received by the broker or until written notification is received from the commission that the application is being processed. When a broker-salesperson or salesperson transfers from one broker to another without changing license type, the licensee shall be deemed transferred at the time the properly completed application is mailed by certified, registered, or overnight delivery, if all materials required to transfer are mailed under 1 cover. The new broker is responsible for seeing that the application is complete and that the application for transfer is mailed by certified, registered, or overnight delivery to ensure proof of delivery. If the application is deemed incomplete, the transfer will not be effective until the new license is received by the broker or until written notification is received from the commission that the application is being processed. -Licensee's Listings are the Property of the Broker: Upon termination of a licensee's association with a broker, the licensee shall return all property belonging to the broker, including, but not limited to all listing information acquired by the licensee in any manner during the licensee's association with the broker. -Transfer to Inactive Status. No Engagement in Activity Requiring a License: A salesperson whose association with a broker is terminated may request the commission to transfer the license to an inactive status. The request shall be on an application approved by the commission and shall be accompanied by the required fee. A license shall be issued to the salesperson clearly printed with the word inactive and the inactive salesperson shall not be associated with a broker nor engage in any activity for which a license is required. -Inactive License Renewal Requirements/Reactivation Requirements: An inactive salesperson license must be renewed biennially on or before September 30 of each renewal year. A licensee holding an inactive license as described in this rule will not be required to complete the continuing education requirement for license periods during which the license is inactive. A salesperson license which is in an inactive status may not be reactivated until the licensee presents to the commission a certificate from a school accredited by the commission evidencing satisfactory completion by that person, within the preceding 6 months, of the Missouri Real Estate Practice Course. The holder of an inactive salesperson license may be transferred to active status upon proper application to the commission accompanied by the required fee and the school completion certificate.

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.020 Brokers and salespersons, unlawful to act without license.

339.020. Brokers and salespersons, unlawful to act without license. — It shall be unlawful for any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, foreign or domestic, to act as a real estate broker, real estate broker-salesperson, or real estate salesperson, or to advertise or assume to act as such without a license first procured from the commission.

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.030 Business entities may be licensed, when, fee.

339.030. Business entities may be licensed, when, fee. — A corporation, partnership, limited partnership, limited liability company, professional corporation, or association shall be granted a broker's, broker-salesperson's, or salesperson's license when the required fee is paid and: (1) For a real estate broker individual licenses have been issued to every member, general partner, associate, manager, member, or officer of such partnership, limited partnership, limited liability company, association, professional corporation, or corporation who actively participates in its brokerage business and to every person, partnership, limited partnership, limited liability company, professional corporation, or corporation who acts as a salesperson for such partnership, limited partnership, limited liability company, association, professional corporation, or corporation; or (2) For a real estate broker-salesperson when an individual broker-salesperson license has been issued to every general partner, associate, manager, member, or officer* of such partnership, limited partnership, limited liability company, association, professional corporation, or corporation who acts as a broker-salesperson, and individual salesperson licenses have been issued to all general partners, associates, managers, members, or officers of such partnership, limited partnership, limited liability company, association, professional corporation, or corporation who act as a salesperson; or (3) For a real estate salesperson when individual salesperson licenses have been issued to all general partners, associates, managers, members, or officers of such partnership, limited partnership, limited liability company, association, professional corporation, or corporation who act as a salesperson.

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.040 Licenses granted to whom — examination — qualifications — fee — temporary broker's license, when — renewal, requirements.

339.040. Licenses granted to whom — examination — qualifications — fee — temporary broker's license, when — renewal, requirements. — 1. Licenses shall be granted only to persons who present, and corporations, associations, partnerships, limited partnerships, limited liability companies, and professional corporations whose officers, managers, associates, general partners, or members who actively participate in such entity's brokerage, broker-salesperson, or salesperson business present, satisfactory proof to the commission that they: (1) Are persons of good moral character; and (2) Bear a good reputation for honesty, integrity, and fair dealing; and (3) Are competent to transact the business of a broker or salesperson in such a manner as to safeguard the interest of the public. 2. In order to determine an applicant's qualifications to receive a license under sections 339.010 to 339.180 and sections 339.710 to 339.860*, the commission shall hold oral or written examinations at such times and places as the commission may determine. 3. Each applicant for a broker or salesperson license shall be at least eighteen years of age and shall pay the broker examination fee or the salesperson examination fee. 4. Each applicant for a broker license shall be required to have satisfactorily completed the salesperson license examination prescribed by the commission. For the purposes of this section only, the commission may permit a person who is not associated with a licensed broker to take the salesperson examination. 5. Each application for a broker license shall include a certificate from the applicant's broker or brokers that the applicant has been actively engaged in the real estate business as a licensed salesperson for at least two years immediately preceding the date of application, and shall include a certificate from a school accredited by the commission under the provisions of section 339.045 that the applicant has, within six months prior to the date of application, successfully completed the prescribed broker curriculum or broker correspondence course offered by such school, except that the commission may waive all or part of the requirements set forth in this subsection when an applicant presents proof of other educational background or experience acceptable to the commission. Each application for a broker-salesperson license shall include evidence of the current broker license held by the applicant. 6. Each application for a salesperson license shall include a certificate from a school accredited by the commission under the provisions of section 339.045 that the applicant has, within six months prior to the date of application, successfully completed the prescribed salesperson curriculum or salesperson correspondence course offered by such school, except that the commission may waive all or part of the educational requirements set forth in this subsection when an applicant presents proof of other educational background or experience acceptable to the commission. 7. The commission may issue a temporary work permit pending final review and printing of the license to an applicant who appears to have satisfied the requirements for licenses. The commission may, at its discretion, withdraw the work permit at any time. 8. Every active broker, broker-salesperson, salesperson, officer, manager, general partner, member or associate shall provide upon request to the commission evidence that during the two years preceding he or she has completed twelve hours of real estate instruction in courses approved by the commission. The commission may, by rule and regulation, provide for individual waiver of this requirement. 9. Each entity that provides continuing education required under the provisions of subsection 8 of this section may make available instruction courses that the entity conducts through means of distance delivery. The commission shall by rule set standards for such courses. The commission may by regulation require the individual completing such distance-delivered course to complete an examination on the contents of the course. Such examination shall be designed to ensure that the licensee displays adequate knowledge of the subject matter of the course, and shall be designed by the entity producing the course and approved by the commission. 10. In the event of the death or incapacity of a licensed broker, or of one or more of the licensed general partners, officers, managers, members or associates of a real estate partnership, limited partnership, limited liability company, professional corporation, corporation, or association whereby the affairs of the broker, partnership, limited partnership, limited liability company, professional corporation, corporation, or association cannot be carried on, the commission may issue, without examination or fee, to the legal representative or representatives of the deceased or incapacitated individual, or to another individual approved by the commission, a temporary broker license which shall authorize such individual to continue for a period to be designated by the commission to transact business for the sole purpose of winding up the affairs of the broker, partnership, limited partnership, limited liability company, professional corporation, corporation, or association under the supervision of the commission.

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.050 Form of application.

339.050. Form of application. — Applications for licenses shall be in writing, on blanks furnished by the commission, accompanied by such information and recommendations as it may require. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration.

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.060 Fees, amount, set how — term of licenses.

339.060. Fees, amount, set how — term of licenses. — 1. The commission shall set the amount of the fees which sections 339.010 to 339.180 and sections 339.710 to 339.860 authorize and require by rules and regulations promulgated pursuant to section 536.021. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering sections 339.010 to 339.180 and sections 339.710 to 339.860. 2. Every license granted under sections 339.010 to 339.180 and sections 339.710 to 339.860 shall be renewed each licensing period and the commission shall issue a new license upon receipt of the properly completed application of the applicant and the required renewal fee.

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.070 Fees, collection and disposition — fund, source, use, transferred to general revenue, when.

339.070. Fees, collection and disposition — fund, source, use, transferred to general revenue, when. — 1. All fees and charges payable under this chapter shall be collected by the division of professional registration and transmitted to the department of revenue for deposit in the state treasury to the credit of the "Real Estate Commission Fund". No money shall be paid out of this fund except by an appropriation by the general assembly. Warrants shall be issued monthly, upon the state treasurer out of this fund only, for the payment of the salaries and all necessary expenses of the commission. Vouchers for salaries and expenses shall be first approved by the commission. The total expense for every purpose incurred by the commission shall not exceed the total fees and charges collected and paid into the state treasury. 2. The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule permit renewal less frequently than yearly, then three times the appropriation from the board's funds for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year.

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.080 Denial of application or license, when, notice — hearing.

339.080. Denial of application or license, when, notice — hearing. — 1. The commission may refuse to examine or issue a license to any person known by it to be guilty of any of the acts or practices specified in subsection 2 of section 339.100, or to any person previously licensed whose license has been revoked, or may refuse to issue a license to any association, partnership, corporation, professional corporation, limited partnership, or limited liability company of which such person is a manager, officer or general partner, or in which as a member, partner or associate* such person has or exercises a controlling interest either directly or indirectly, or to any corporation of which such person is an officer or in which as a stockholder such person has or exercises a controlling interest either directly or indirectly. 2. Any person denied a license or the right to be examined shall be so notified by the commission in writing stating the reasons for denial or refusal to examine and informing the person so denied of his right to file a complaint with the administrative hearing commission in accordance with the applicable provisions of sections 621.015 to 621.198 and the rules promulgated thereunder. All notices hereunder shall be sent by registered or certified mail to the last known address of the applicant.

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.090 License of nonresident — fee — reciprocity — rulemaking authority.

339.090. License of nonresident — fee — reciprocity — rulemaking authority. — The commission may prescribe necessary rules and regulations pursuant to chapter 536 to provide for the licensure of nonresidents. Such rules shall require the nonresident to pay a fee and may provide for licensure without examination if such reciprocity is extended to Missouri residents. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

2017 Missouri Revised StatutesTitle XXII OCCUPATIONS AND PROFESSIONSChapter 339 Real Estate Agents, Brokers, Appraisers and Escrow AgentsSection 339.100 Investigation of certain practices, procedure — subpoenas — formal complaints — revocation or suspension of licenses — digest may be published — revocation of licenses for certain offenses.

339.100. Investigation of certain practices, procedure — subpoenas — formal complaints — revocation or suspension of licenses — digest may be published — revocation of licenses for certain offenses. — 1. The commission may, upon its own motion, and shall upon receipt of a written complaint filed by any person, investigate any real estate-related activity of a licensee licensed under sections 339.010 to 339.180 and sections 339.710 to 339.860* or an individual or entity acting as or representing themselves as a real estate licensee. In conducting such investigation, if the questioned activity or written complaint involves an affiliated licensee, the commission may forward a copy of the information received to the affiliated licensee's designated broker. The commission shall have the power to hold an investigatory hearing to determine whether there is a probability of a violation of sections 339.010 to 339.180 and sections 339.710 to 339.860*. The commission shall have the power to issue a subpoena to compel the production of records and papers bearing on the complaint. The commission shall have the power to issue a subpoena and to compel any person in this state to come before the commission to offer testimony or any material specified in the subpoena. Subpoenas and subpoenas duces tecum issued pursuant to this section shall be served in the same manner as subpoenas in a criminal case. The fees and mileage of witnesses shall be the same as that allowed in the circuit court in civil cases. 2. The commission may cause a complaint to be filed with the administrative hearing commission as provided by the provisions of chapter 621 against any person or entity licensed under this chapter or any licensee who has failed to renew or has surrendered his or her individual or entity license for any one or any combination of the following acts: (1) Failure to maintain and deposit in a special account, separate and apart from his or her personal or other business accounts, all moneys belonging to others entrusted to him or her while acting as a real estate broker or as the temporary custodian of the funds of others, until the transaction involved is consummated or terminated, unless all parties having an interest in the funds have agreed otherwise in writing; (2) Making substantial misrepresentations or false promises or suppression, concealment or omission of material facts in the conduct of his or her business or pursuing a flagrant and continued course of misrepresentation through agents, salespersons, advertising or otherwise in any transaction; (3) Failing within a reasonable time to account for or to remit any moneys, valuable documents or other property, coming into his or her possession, which belongs to others; (4) Representing to any lender, guaranteeing agency, or any other interested party, either verbally or through the preparation of false documents, an amount in excess of the true and actual sale price of the real estate or terms differing from those actually agreed upon; (5) Failure to timely deliver a duplicate original of any and all instruments to any party or parties executing the same where the instruments have been prepared by the licensee or under his or her supervision or are within his or her control, including, but not limited to, the instruments relating to the employment of the licensee or to any matter pertaining to the consummation of a lease, listing agreement or the purchase, sale, exchange or lease of property, or any type of real estate transaction in which he or she may participate as a licensee; (6) Acting for more than one party in a transaction without the knowledge of all parties for whom he or she acts, or accepting a commission or valuable consideration for services from more than one party in a real estate transaction without the knowledge of all parties to the transaction; (7) Paying a commission or valuable consideration to any person for acts or services performed in violation of sections 339.010 to 339.180 and sections 339.710 to 339.860*; (8) Guaranteeing or having authorized or permitted any licensee to guarantee future profits which may result from the resale of real property; (9) Having been finally adjudicated and been found guilty of the violation of any state or federal statute which governs the sale or rental of real property or the conduct of the real estate business as defined in subsection 1 of section 339.010; (10) Obtaining a certificate or registration of authority, permit or license for himself or herself or anyone else by false or fraudulent representation, fraud or deceit; (11) Representing a real estate broker other than the broker with whom associated without the express written consent of the broker with whom associated; (12) Accepting a commission or valuable consideration for the performance of any of the acts referred to in section 339.010 from any person except the broker with whom associated at the time the commission or valuable consideration was earned; (13) Using prizes, money, gifts, or other valuable consideration as inducement to secure customers or clients to purchase, lease, sell or list property when the awarding of such prizes, money, gifts or other valuable consideration is conditioned upon the purchase, lease, sale or listing; or soliciting, selling or offering for sale real property by offering free lots, or conducting lotteries or contests, or offering prizes for the purpose of influencing a purchaser or prospective purchaser of real property; (14) Placing a sign on or advertising any property offering it for sale or rent without the written consent of the owner or his or her duly authorized agent; (15) Violation of, or attempting to violate, directly or indirectly, or assisting or enabling any person to violate, any provision of sections 339.010 to 339.180 and sections 339.710 to 339.860*, or of any lawful rule adopted pursuant to sections 339.010 to 339.180 and sections 339.710 to 339.860*; (16) Committing any act which would otherwise be grounds for the commission to refuse to issue a license under section 339.040; (17) Failure to timely inform seller of all written offers unless otherwise instructed in writing by the seller; (18) Been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of this state or any other state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed; (19) Any other conduct which constitutes untrustworthy, improper, or fraudulent business dealings, demonstrates bad faith or incompetence, misconduct, or gross negligence; (20) Disciplinary action against the holder of a license or other right to practice any profession regulated under sections 339.010 to 339.180 and sections 339.710 to 339.860* granted by another state, territory, federal agency, or country upon grounds for which revocation, suspension, or probation is authorized in this state; (21) Been found by a court of competent jurisdiction of having used any controlled substance, as defined in chapter 195, to the extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by sections 339.010 to 339.180 and sections 339.710 to 339.860*; (22) Been finally adjudged insane or incompetent by a court of competent jurisdiction; (23) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated under sections 339.010 to 339.180 and sections 339.710 to 339.860* who is not registered and currently eligible to practice under sections 339.010 to 339.180 and sections 339.710 to 339.860*; (24) Use of any advertisement or solicitation which is knowingly false, misleading, or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed; (25) Making any material misstatement, misrepresentation, or omission with regard to any application for licensure or license renewal. As used in this section, "material" means important information about which the commission should be informed and which may influence a licensing decision; (26) Engaging in, committing, or assisting any person in engaging in or committing mortgage fraud, as defined in section 443.930. 3. After the filing of such complaint, the proceedings will be conducted in accordance with the provisions of law relating to the administrative hearing commission. A finding of the administrative hearing commissioner that the licensee has performed or attempted to perform one or more of the foregoing acts shall be grounds for the suspension or revocation of his license by the commission, or the placing of the licensee on probation on such terms and conditions as the real estate commission shall deem appropriate, or the imposition of a civil penalty by the commission not to exceed two thousand five hundred dollars for each offense. Each day of a continued violation shall constitute a separate offense. 4. The commission may prepare a digest of the decisions of the administrative hearing commission which concern complaints against licensed brokers or salespersons and cause such digests to be mailed to all licensees periodically. Such digests may also contain reports as to new or changed rules adopted by the commission and other information of significance to licensees. 5. Notwithstanding other provisions of this section, a broker or salesperson's license shall be revoked, or in the case of an applicant, shall not be issued, if the licensee or applicant has pleaded guilty to, entered a plea of nolo contendere to, or been found guilty of any of the following offenses or offenses of a similar nature established under the laws of this, any other state, the United States, or any other country, notwithstanding whether sentence is imposed: (1) Any dangerous felony as defined under section 556.061 or murder in the first degree; (2) Any of the following sexual offenses: rape in the first degree, forcible rape, rape, statutory rape in the first degree, statutory rape in the second degree, rape in the second degree, sexual assault, sodomy in the first degree, forcible sodomy, statutory sodomy in the first degree, statutory sodomy in the second degree, child molestation in the first degree, child molestation in the second degree, sodomy in the second degree, deviate sexual assault, sexual misconduct involving a child, sexual misconduct in the first degree under section 566.090** as it existed prior to August 28, 2013, sexual abuse under section 566.100 as it existed prior to August 28, 2013, sexual abuse in the first or second degree, enticement of a child, or attempting to entice a child; (3) Any of the following offenses against the family and related offenses: incest, abandonment of a child in the first degree, abandonment of a child in the second degree, endangering the welfare of a child in the first degree, abuse of a child, using a child in a sexual performance, promoting sexual performance by a child, or trafficking in children; (4) Any of the following offenses involving child pornography and related offenses: promoting obscenity in the first degree, promoting obscenity in the second degree when the penalty is enhanced to a class E felony, promoting child pornography in the first degree, promoting child pornography in the second degree, possession of child pornography in the first degree, possession of child pornography in the second degree, furnishing child pornography to a minor, furnishing pornographic materials to minors, or coercing acceptance of obscene material; and (5) Mortgage fraud as defined in section 570.310. 6. A person whose license was revoked under subsection 5 of this section may appeal such revocation to the administrative hearing commission. Notice of such appeal must be received by the administrative hearing commission within ninety days of mailing, by certified mail, the notice of revocation. Failure of a person whose license was revoked to notify the administrative hearing commission of his or her intent to appeal waives all rights to appeal the revocation. Upon notice of such person's intent to appeal, a hearing shall be held before the administrative hearing commission.

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.110 Refusal of licenses, when.

339.110. Refusal of licenses, when. — The commission may refuse to issue a license to any person who is known by it to have been found guilty of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud, or other like offense, or to any association, partnership, corporation, professional corporation, limited partnership, or limited liability company of which such person is a manager, officer or general partner, or in which as a member, partner or associate such person has or exercises a controlling interest either directly or indirectly, or to any corporation of which such person is an officer or in which as a stockholder such person has or exercises a controlling interest either directly or indirectly.

2017 Missouri Revised Statutes - Title XXII OCCUPATIONS AND PROFESSIONS - Chapter 339 Real Estate Agents, Brokers, Appraisers and Escrow Agents - Section 339.120 Commission, created — members, qualifications, terms, compensation — powers and duties — rulemaking authority, procedure.

339.120. Commission, created — members, qualifications, terms, compensation — powers and duties — rulemaking authority, procedure. — 1. There is hereby created the "Missouri Real Estate Commission", to consist of seven persons, citizens of the United States and residents of this state for at least one year prior to their appointment, for the purpose of carrying out and enforcing the provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860*. The commission shall be appointed by the governor with the advice and consent of the senate. All members, except one voting public member, of the commission must have had at least ten years' experience as a real estate broker prior to their appointment. The terms of the members of the commission shall be for five years, and until their successors are appointed and qualified. Members to fill vacancies shall be appointed by the governor for the unexpired term. The president of the Missouri Association of Realtors in office at the time shall, at least ninety days prior to the expiration of the term of the board member, other than the public member, or as soon as feasible after the vacancy on the board otherwise occurs, submit to the director of the division of professional registration a list of five realtors qualified and willing to fill the vacancy in question, with the request and recommendation that the governor appoint one of the five persons so listed, and with the list so submitted, the president of the Missouri Association of Realtors shall include in his or her letter of transmittal a description of the method by which the names were chosen by that association. The commission shall organize annually by selecting from its members a chairman. The commission may do all things necessary and convenient for carrying into effect the provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860*, and may promulgate necessary rules compatible with the provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860*. Each member of the commission shall receive as compensation an amount set by the commission not to exceed seventy-five dollars for each day devoted to the affairs of the commission, and shall be entitled to reimbursement of his or her expenses necessarily incurred in the discharge of his or her official duties. The governor may remove any commissioner for cause. 2. The public member shall be at the time of his or her appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant to sections 339.010 to 339.180 and sections 339.710 to 339.860* or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the providing of the professional services regulated by sections 339.010 to 339.180 and sections 339.710 to 339.860*, or an activity or organization directly related to any profession licensed or regulated pursuant to sections 339.010 to 339.180 and sections 339.710 to 339.860*. All members, including public members, shall be chosen from lists submitted by the director of the division of professional registration. The duties of the public member shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or of the technical competence or technical judgment of a licensee or a candidate for licensure. 3. The commission shall employ such board personnel, as defined in subdivision (4) of subsection 10 of section 324.001, as it shall deem necessary to discharge the duties imposed by the provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860*. 4. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 339.010 to 339.180 and sections 339.710 to 339.860* shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed. Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.

Licenses - Fictitious Name

Any broker doing business under any name other than the broker's legal name or any entity doing business under any name shall register the fictitious name with the secretary of state and shall furnish the commission a copy of the registration within 10 days of receipt of the official registration from the secretary of state.

General Rules - Commission

Commission as used in sections 339.010 to 339.180 and sections 339.710 to 339.860, Missouri Statutes means the Missouri real estate commission.

Licenses - Broker Applicant

Each applicant for a broker license shall be required to have satisfactorily completed the salesperson license examination prescribed by the commission. 339.040.4 Each application for a broker license shall include a certificate from the applicant's broker or brokers that the applicant has been actively engaged in the real estate business as a licensed salesperson for at least two years immediately preceding the date of application, and shall include a certificate from a school accredited by the commission under the provisions of section 339.045 that the applicant has, within six months prior to the date of application, successfully completed the prescribed broker curriculum or broker correspondence course offered by such school, except that the commission may waive all or part of the requirements set forth in this subsection when an applicant presents proof of other educational background or experience acceptable to the commission. Each application for a broker-salesperson license shall include evidence of the current broker license held by the applicant. 339.040.5

Licenses - Salesperson Applicant

Each application for a salesperson license shall include a certificate from a school accredited by the commission under the provisions of section 339.045 that the applicant has, within six months prior to the date of application, successfully completed the prescribed salesperson curriculum or salesperson correspondence course offered by such school, except that the commission may waive all or part of the education requirements set forth in this subsection when an applicant presents proof of other educational background or experience acceptable to the commission. 339.040.5

Educational Requirements - Continuing Education Requirements

Each real estate licensee who holds an active license shall complete during the 2 year license period prior to renewal, as a condition precedent to license renewal, a minimum of 12 hours of real estate instruction approved for continuing education credit by the Missouri Real Estate Commission. At least 3 hours of the 12 hours of approved instruction shall be taken in a course identified by the Missouri Real Estate Commission as a core course. Should the commission not identify a topic of the core course, approved schools may submit courses for core consideration in any of the following areas: -Missouri laws governing the transfer of real property -Broker supervision and escrow account management -Fair housing -Property management -Commercial brokerage -Agency and brokerage relationships The balance of the 12 hours of instruction shall consist of courses which have been approved for continuing education credit by the Missouri Real Estate Commission. The commission will approve those courses which are determined by it to be those through which real estate licensees can remain qualified and can become more competent to provide a higher level of public service and public protection, and are base on consumer protection or service concepts which are founded on Missouri or federal laws related to real estate transactions.

Educational Requirements - Key Point

Education requirements for license renewal for both broker and salesperson is twelve hours of continuing education consisting of three hours of core--mandatory law course as approved by the commission and nine hours of elective courses approved by the commission. The commission will not approve courses that focus on salesmanship or advertising. Courses must be consumer-centric.

Educational Requirements - Salesperson Course

Every application for original salesperson license shall be accompanied by proof of successful completion of an approved 48 hour course of study known as "Salesperson Pre-Examination Course." This course must be completed prior to the date of examination, but no more than 6 months prior to the receipt date as affixed by the United States Postal Service or recognized common carrier, or the date the application is hand-delivered to the commission during regular business hours. -Required Examination: Proof of satisfactory completion of both national and state portions of the required examination after the successful completion of the course identified as "Salesperson Pre-Examination Course"; and -Missouri Real Estate Practice Course: Proof of successful completion of an approved 24 hour course known as "Missouri Real Estate Practice Course" completed after successful completion of the "Salesperson Pre-Examination Course."

Licenses - Death or Incapacity of Licensed Broker

In the event of the death or incapacity of a licensed broker, whereby the affairs of the broker cannot be carried on, the commission may issue, without examination or fee, to the legal representative or representatives of the deceased or incapacitated individual, or to another individual to continue for a period to be designated by the commission to transact business for the sole purpose of winding up the affairs of the broker under the supervision of the commission. 339.040.10

An unlicensed partner in a limited partnership has committed an act of moral turpitude in the past. Is it possible a license would NOT be issued to the partnership?

In this instance, it is possible the MREC would deny licensure to the partnership

Licenses - Qualifications for License

Licenses shall be granted only to persons* who present satisfactory proof to the commission that they: 1. Are person of good moral character; and 2. Bear a good reputation for honesty, integrity, and fair dealing; and 3. Are competent to transact the business of a broker or salesperson in such a manner as to safeguard the interest of the public. 339.040.1 * Persons also includes: corporations, associations, partnerships, limited partnerships, limited liability companies, and professional corporations whose officers, managers, associated, general partners, or members who actively participate in such entity's brokerage, broker-salesperson, or salesperson business. Each applicant for a broker or salesperson license must be at least eighteen years of age and shall pay the broker examination fee or the salesperson examination fee. 339.040.3

An applicant has received a master's degree in real estate from an accredited university. Would the MREC automatically exempt the applicant from completing the 48-hour salesperson pre-exam course prior to taking the exam?

No. The MREC MAY waive all or part of the education requirements for the applicant

Mandy applied for her salesperson's license and was issued a temporary work permit. What is the best answer for the reason Mandy received a work permit?

Mandy's license is still being generated by the Commission

Candidate Marc received a certificate of successful completion of the 48-hour pre-exam course on February 15. Marc passed his salesperson exam on March 28. He successfully completed the 24-hour Missouri Real Estate Practice Course and applied for his fingerprint background check on August 14 and applied for his license on August 28. What would be the reason Marc's application was denied by the MREC?

Marc failed to apply for license within six months of the date of completion on the certificate for the 48-hour pre-exam course

20 CSR 2250-4.040 Individual License; Business Name; Inactive Brokers

PURPOSE: This rule assures that the commission may fulfill its regulatory authority over licensees. In order to fulfill its authority, it must be in a position to communicate with and identify all licensees. The license pocket card is a consumer protection measure, where the licensee may offer proof of his/her professional status. (1) A broker shall not conduct business under any other name or at any other address than the one for which the broker's individual license is issued unless the broker first complies with 20 CSR 2250-4.030. If a broker changes his/her name, home or business address, the broker shall notify the commission in writing within ten (10) days after the change becomes effective. (2) When a broker returns his/her license to the commission, the broker must first comply with the provisions of 20 CSR 2250-8.155. The broker shall have six (6) months in which to change status or reinstate the license. If the application to change status or reinstate the license is not made within the six (6)-month period, the applicant will be required to complete the Missouri Real Estate Practice Course and show proof of satisfactory completion of that course within six (6) months prior to reinstatement of the license. If the license is not reinstated or placed on inactive status within the subsequent renewal period, the licensee will be required to requalify as if an original applicant. (3) A broker may apply for inactive broker status. This request shall be on an application approved by the commission and shall be accompanied by the required fee. A license shall be issued to the broker clearly printed with the word inactive and the inactive broker shall not engage in any activity for which a license is required. An inactive broker license must be renewed biennially on or before June 30 of each renewal year. A licensee holding an inactive license as described in this rule will not be required to complete the continuing education requirement for license periods during which the license is inactive. A broker license which is inactive may not be reactivated until the licensee presents to the commission the proper application accompanied by the required fee and a certificate from a school accredited by the commission evidencing satisfactory completion, within the preceding six (6) months, of the Missouri Real Estate Practice Course required by 20 CSR 2250-6.060.

20 CSR 2250-4.080 Nonresident Licenses; Reciprocity

PURPOSE: This rule clarifies and qualifies who may obtain a nonresident license and the condition for its renewal. (1) A nonresident person, partnership, association or corporation seeking a license to engage in the real estate business in Missouri shall apply for an appropriate license on a form provided by the commission accompanied by the required fee. (2) An individual who holds a real estate license in another state or jurisdiction desiring to obtain a real estate license in Missouri, must fulfill the following requirements: (A) Salesperson Requirements: 1. An individual holding a current and active salesperson license in another state or jurisdiction at the time of application for a Missouri salesperson license must pass the state portion of the Missouri salesperson exam and complete the twenty-four (24)-hour Missouri Real Estate Practice Course. The Missouri Real Estate Practice Course may be taken before or after the exam date, but must be taken prior to applying for licensure. The forty-eight (48)-hour Missouri salesperson pre-examination course shall be waived. Application for licensure must be submitted to the commission within six (6) months of passing the state portion of the Missouri salesperson exam; and 2. A license (history) certification issued from the real estate commission of the state or jurisdiction from where applying must be provided with the application for licensure. The nonresident certification must be issued no more than three (3) months prior to application for a Missouri license. (B) Broker Requirements: 1. An individual holding a current and active salesperson license in another state or jurisdiction wishing to obtain a Missouri broker's license, must have twenty-four (24) of the last thirty (30) months active salesperson experience, complete the Missouri forty-eight (48)-hour broker pre-examination course, pass both portions of the Missouri broker exam and apply for licensure within six (6) months of the forty-eight (48)-hour broker course completion date; 2. An individual holding a current and active broker license in another state or jurisdiction, other than those states and jurisdictions that issue only broker licenses, must have twenty-four (24) of the last thirty (30) months active license experience as a salesperson or broker, pass the state portion of the Missouri broker exam, and apply for licensure within six (6) months of passing the state portion of the Missouri broker exam. The forty-eight (48)-hour broker pre-examination course shall be waived; 3. If licensed in a state or jurisdiction that only issues broker licenses, Missouri will recognize the single license as a salesperson license and applicants must comply with 20 CSR 2250-4.080(2)(B)1.; and 4. A license (history) certification issued from the real estate commission of the state or jurisdiction from where applying must be provided with the application for licensure. The license certification must be issued no more than three (3) months prior to application for a Missouri license. (3) The commission may issue a nonresident license to a partnership, association or corporation organized and licensed as a real estate broker under the laws of another state or jurisdiction, provided that the applicant furnishes with the application: (A) A license (history) certification, issued no more than three (3) months prior to the application for the Missouri license, from the nonresident licensing authority that the entity is in good standing; and (B) Evidence that the applicant has complied with all applicable laws with respect to qualifying to do business in this state. (4) In addition to the specific requirements set forth in this rule, every applicant for a nonresident license must meet all requirements applicable to Missouri residents and domestic firms applying for the same type of license. After licensure, a nonresident licensee shall be subject to and shall comply with all provisions of the license law and these rules. (5) The commission may waive the examination prescribed by the license law for a nonresident individual duly licensed in any other state under the laws of which a similar exemption is extended to licensees of Missouri, provided a written agreement for reciprocal licensing exists between the licensing authorities of the states involved.

20 CSR 2250-1.010 General Organization

PURPOSE: This rule complies with section 536.023(3), RSMo which requires each agency to adopt as a rule a description of its operation and the methods and procedures where the public may obtain information or make submissions or requests. (1) The Missouri Real Estate Commission, an agency of the Division of Professional Registration of the Department of Insurance, Financial Institutions and Professional Registration created by Chapter 339, RSMo is responsible for the examination, licensing and regulation of persons and firms who engage in real estate business in this state as a vocation. (2) The commission consists of seven (7) members who, except one (1) voting public member, must have had at least ten (10) years experience as a real estate broker. The members are appointed by the governor with the advice and consent of the senate. Each member is appointed to a term of five (5) years. One (1) of the members acts as chairman and one (1) of the members acts as vice chairman. (3) The commission may do all things necessary to carry into effect the provisions of Chapter 339, RSMo and may promulgate from time-to-time necessary rules compatible with the provisions of that chapter. (4) The commission shall hold regular meetings to review applications, complaints, investigations and audits as well as transact any necessary business as may properly come before it. (5) Requests for general information, applications, complaint forms or copies of statutes and rules may be directed to the Missouri Real Estate Commission, 3605 Missouri Boulevard, PO Box 1339, Jefferson City, MO 65102, telephone (573) 751-2628, FAX number (573) 751-2777.

20 CSR 2250-4.010 Form and Contents

PURPOSE: This rule declares the form and identifying information on the license. (1) The commission shall issue to each licensee a license in such form as shall be prescribed by the commission.

20 CSR 2250-2.040 Disputes

PURPOSE: This rule defines the commissioner's limitations with regard to civil problems of licensees. (1) The commission will not enter into disputes between licensees concerning matters of commissions. The license law and these rules are designed to regulate the business conduct of licensees in the interest of the public and to discipline licensees when warranted. The commission has no authority to award money damages, but, as a condition of probation, may order restitution be made to injured parties.

20 CSR 2250-2.010 Definitions

PURPOSE: This rule defines the terminology used in the rules of the Missouri Real Estate Commission. (1) Words defined in section 339.010, RSMo shall have the same meaning when used in these rules. (2) The following words shall be defined as stated: (A) Commission shall mean the Missouri Real Estate Commission; (B) License law shall mean Chapter 339, RSMo; (C) Association shall mean an unincorporated body of persons united and acting together for the prosecution of some common enterprise, but not a partnership; and (D) Residential property shall mean all real property improved by a structure which is used or intended to be used primarily for residential living by human occupants and which contains not more than four (4) dwelling units or which contains single dwelling units owned as a condominium or in a cooperative housing association, and vacant land classified as residential property. The term cooperative housing association means an association, whether incorporated or unincorporated, organized for the purpose of owning and operating residential real property in Missouri, the shareholders or members of which, by reason of their ownership of a stock or membership certificate, a proprietary lease or other evidence of membership, are entitled to occupy a dwelling unit pursuant to the terms of a proprietary lease or occupancy agreement. (E) Commercial real estate shall mean any real estate other than real estate containing one to four (1-4) residential units, real estate on which no buildings or structures are located, or real estate classified as agricultural and horticultural property for assessment purposes as provided by section 137.016, RSMo. Commercial real estate does not include single family residential units including, condominiums, townhouses or homes in a subdivision when that real estate is sold, leased or otherwise conveyed on a unit-by-unit basis even though the units may be part of a larger building or parcel of real estate containing more than four (4) residential units. (3) The singular number shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders.

20 CSR 2250-4.030 Fictitious Name

PURPOSE: This rule enforces compliance with other statutes. (1) Any broker doing business under any name other than the broker's legal name or any entity doing business under any name other than the name registered with the secretary of state, shall first comply with the provisions of sections 417.200-417.230, RSMo on the registration of fictitious names and shall furnish the commission a copy of the registration within ten (10) days of receipt of the official registration from the secretary of state.

20 CSR 2250-5.030 Miscellaneous Fees

PURPOSE: This rule establishes and fixes certain fees and charges statutorily authorized to be made by the Missouri Real Estate Commission by the provisions of section 610.026, RSMo. (1) The following miscellaneous fees for certain services rendered by the Missouri Real Estate Commission are as follows: (A) Duplicate Pin Card Fee $25 (B) Bad Check Replacement Fee $25 (2) Payment of any copying fees and search fees pursuant to section 610.026, RSMo may be required before any information will be provided.

20 CSR 2250-5.040 Application Fees for School Accreditation and Course Approval

PURPOSE: This rule establishes application and course approval fees. (1) The following fees are established for school accreditation: (A) Initial School Accreditation Application Fee $200 (B) Course Approval Application Fee for courses over twelve (12) hours (per course per delivery method) $400 (C) Course Approval Application Fee for courses less than or equal to twelve (12) hours (per course per delivery method) $100 (D) School Accreditation Renewal Application Fee $100 (2) The following fees have been established for course approval: (A) Course Renewal Application Fee for course over twelve (12) hours $200 (B) Course Renewal Application Fee for course less than or equal to twelve (12) hours (per course per delivery method) $ 50

20 CSR 2250-6.060 Content of Salesperson and Broker Pre-Examination Courses and the Missouri Real Estate Practice Course

PURPOSE: This rule establishes course content of the pre-examination courses and the Missouri Real Estate Practice Course. (1) Schools accredited to teach the forty-eight (48)-hour Salesperson Pre-Examination Course and the forty-eight (48)-hour Broker Pre-Examination Course shall develop these courses based on the detailed content outline as provided by the professional testing service contracted to administer the examination for the Missouri Real Estate Commission. This detailed content outline shall be based on the testing service's most recent job analysis of real estate professionals. (2) The twenty-four (24)-hour Missouri Real Estate Practice Course must address the following topics: (A) Broker Disclosure Form; (B) Listing a Property. 1. Types of seller agency agreements. 2. Elements of seller agency agreements; (C) Buyer Representation. 1. Types of buyer agency agreements. 2. Elements of buyer agency agreements; (D) Acting as a Dual Agent or Transaction Broker; (E) Termination of Brokerage Relationships; (F) Compensation; (G) Cooperating with Other Licensees; (H) Obligations of Agents to Clients and Customers; (I) Pricing Property; (J) Role of the Appraiser; (K) Types of Financing; (L) Estimating Closing Costs; (M) Contracts; (N) Earnest Money; (O) Avoiding Misrepresentation; and (P) Types of Construction.

20 CSR 2250-4.075 Professional Corporations

PURPOSE: This rule establishes guidelines for real estate salespersons who wish to incorporate as a professional corporation. (1) Only salespersons and broker-salespersons who are licensed to render the services mentioned in section 339.010.2, RSMo may be licensed as professional corporations. (2) All applications for licensure as a professional corporation shall be subject to the provisions of 20 CSR 2250-3.010 and all applicable provisions of Chapter 339, RSMo. (3) Before a professional corporation license will be issued, the proposed corporate name must be approved by the commission. The applicant shall file with the commission an application for name approval accompanied by the required fee. (4) All professional corporation licenses shall be issued in the name of the salesperson or broker-salesperson to whom the license is issued. No fictitious names will be accepted. The name shall contain the words Professional Corporation or the abbreviation P.C. and the licensee shall use that designation in the course of rendering any professional service. (5) All stock or shares in a professional corporation must be held by the salesperson or broker-salesperson to whom the professional corporation license is issued. (6) At the time of issuance of a license to a professional corporation, the applicant or licensee shall file with the commission an application, accompanied by the required fee and the certificate of incorporation. (7) Upon dissolution of a licensed professional corporation, the professional corporation is subject to the provisions of 20 CSR 2250- 4.050.

20 CSR 2250-3.020 License Examinations

PURPOSE: This rule establishes how and by whom the examination shall be given. The requirements, fees and prohibitions are included in this rule. (1) The form, content, method of administration, passing standards and schedule of written license examinations shall be determined by the commission and the date and place of examinations shall be announced as far in advance as is practicable. In conducting examinations, the commission may utilize professional testing services. (2) Fees payable by applicants for broker and salesperson license examinations shall be established by agreement with the commission and testing service administering the examination. Fees shall be paid as directed by the commission. (3) No applicant shall be permitted to take any memoranda, pamphlet, book or paper into an examination room and otherwise shall be subject to the rules imposed by the administrator of the examination. If any applicant violates any rules imposed by the administrator while taking an examination such act shall be reason to deny issuance of a license to the applicant(s) involved.

20 CSR 2250-2.020 Commission Action

PURPOSE: This rule establishes how the commission may take action. It further restricts the staff from engaging in the real estate industry while in the commission's employment. (1) Any act to be taken by the commission, pursuant to the license law or these rules, may be performed by such number of the commission's members or by the officers, employees, agents or representatives of the commission as is permitted by law and authorized by a majority of the commission's membership. The commission may take any authorized action by a mail ballot or by a conference telephone call and the action so taken shall be recorded in the minutes of the commission. (2) Neither the director nor any other employee or agent of the commission, during the period of employment by the commission, shall engage in any act for which a license is required under the provisions of the license law or receive or become entitled to receive any fee or compensation of any kind, in any capacity whatsoever, either directly or indirectly, in connection with any real estate transaction. Nothing in this rule shall prohibit the executive director nor any employee or agent of the commission from being issued a license by the commission, so long as the license is held on an inactive status during the period of the holder's employment.

20 CSR 2250-5.010 Payment

PURPOSE: This rule establishes that fees are to be paid by cashier's check or money order and sets a penalty for unpaid checks. The term of licenses and the no-refund policies are established. (1) All fees shall be paid by personal check, cashier's check or money order made payable to the Missouri Real Estate Commission. All fees are nonrefundable. (2) No license fee or portion of the license fee will be refunded should any license be surrendered, suspended or revoked during the term for which the license is issued.

20 CSR 2250-4.020 Expiration and Renewal; Name and Address Changes

PURPOSE: This rule establishes the dates of license validity and the obligation of licensees for renewal of same. The broker license must be renewed before the salesperson or broker-salesperson license may be renewed. (1) Renewal of License. (A) Every license issued and every license renewal for a broker, corporation, brokerofficer, partnership, broker-partner, association, broker-associate, broker-salesperson, professional corporation (broker-salesperson) or inactive broker license shall expire June 30 in each even-numbered year. (B) Every license issued and every license renewal for professional corporation (salesperson), salesperson, or inactive salesperson license shall expire September 30 in each even-numbered year. (C) The commission may mail to each licensee, at least thirty (30) days prior to license expiration, a notice of the expiration and an application for renewal of license to the licensee's address on file with the commission. (D) The commission may issue a new license for each renewal period upon receipt of a properly completed renewal application, including proof of completion of the continuing education requirement pursuant to 20 CSR 2250-10.100, and the biennial fee, if the receipt date as affixed by the United States Postal Service or recognized common carrier, or if hand-delivered to the Missouri Real Estate Commission before the close of business, is no later than the date of license expiration. Additionally, for the renewal immediately following January 1, 2011, the licensee must provide acceptable proof of having submitted, between January 1, 2011, and the submission of the licensee's 2012 real estate renewal, fingerprints to the Missouri State Highway Patrol's approved vendor for both a Missouri State Highway Patrol and a Federal Bureau of Investigation fingerprint background check. Any fees due to fingerprint background checks shall be paid by the applicant directly to the Missouri State Highway Patrol or its approved vendor. (E) Delinquent renewal applications must be accompanied by a delinquent fee of fifty dollars ($50) per month or partial month elapsed since the date of license expiration. Delinquent fees are not to exceed two hundred dollars ($200). (F) Any licensee who fails to complete continuing education requirements during the renewal period must submit with their renewal proof of completion of the Missouri Real Estate Practice Course as identified in 20 CSR 2250-6.060. This course must have been completed no more than six (6) months prior to the receipt date as affixed by the United States Postal Service or recognized common carrier or the date the application is hand-delivered to the Missouri Real Estate Commission during regular business hours. (2) Failure of a licensee to receive the notice and application to renew from the commission shall not excuse the licensee from the requirements for renewal contained in this rule. Any licensee who fails to renew during a subsequent renewal period is no longer licensed and in order to become licensed again will be required to requalify as if an original applicant. Until a new license is procured, the holder of an expired license shall not perform any act for which a license is required. (3) A renewal license will not be issued until the license of the broker with whom the licensee is associated has been renewed. (4) Within ten (10) days following a change in name or home address, each licensee shall notify the commission in writing.

20 CSR 2250-2.030 Records

PURPOSE: This rule establishes which records are public documents and those which are confidential. The impropriety of commissioners discussing, with the licensee, matters pending before the Administrative Hearing Commission is affirmed. (1) All records kept in the office of the commission, under the authority of the license law shall be open to public inspection under such regulations as the commission may prescribe, provided that records compiled in connection with the investigation of a complaint against a licensee which could result in discipline of the license or compiled for the purpose of processing applications for licensure, are deemed to be confidential and therefore not subject to inspection by the public. (2) It shall be improper for a real estate commissioner to discuss with a licensee or any other person, except members of the commission's staff or counsel, any matter which is confidential, including one of a disciplinary nature which is pending before the Missouri Real Estate Commission or the Administrative Hearing Commission.

20 CSR 2250-3.010 Applications for License

PURPOSE: This rule informs applicants of the requirements, procedures, and qualifications necessary for obtaining a license. (1) Licenses shall be granted only to persons who present, and corporations, associations or partnerships whose officers, associates, or partners present, satisfactory proof to the commission that they are persons of good moral character; bear a good reputation for honesty, integrity, and fair dealing; and are competent to transact the business of a broker or salesperson in such a manner as to safeguard the interest of the public. (2) All applications for license shall be made on forms approved by the commission and completed and signed by the applicant. The commission may deny issuance of a license to any applicant submitting an incomplete application or an application containing any false or misleading information or to any applicant failing to submit the correct fees with an application. (3) All individuals applying for an original Missouri real estate license after December 31, 2010, must provide acceptable proof of having submitted fingerprints to the Missouri State Highway Patrol's approved vendor for both a Missouri State Highway Patrol and a Federal Bureau of Investigation fingerprint background check. Any fees due to fingerprint background checks shall be paid by the applicant directly to the Missouri State Highway Patrol or its approved vendor. Individuals who hold a current Missouri real estate license and have previously satisfied this requirement with a previous Missouri real estate license application will be considered to have met this requirement. (4) Salesperson. (A) Every application for original salesperson license shall be accompanied by proof acceptable to the commission that the applicant has met all applicable requirements of sections 339.010 through 339.190, RSMo, and these rules, including, but not limited to: 1. Proof of successful completion of an approved forty-eight- (48-) hour course of study known as "Salesperson Pre-Examination Course" prior to the date of examination and no more than six (6) months prior to the receipt date as affixed by the United States Postal Service or recognized common carrier, or the date the application is hand-delivered to the Missouri Real Estate Commission during regular business hours; 2. Proof of satisfactory completion of both national and state portions of the required examination after the successful completion of the course identified as "Salesperson Pre-Examination Course"; and 3. Proof of successful completion of an approved twenty-four- (24-) hour course known as "Missouri Real Estate Practice Course" completed after successful completion of the "Salesperson Pre-Examination Course." (5) Original salesperson type applications postmarked August 1 through September 30 of every even-numbered year will be issued a license for the subsequent licensing period without being required to obtain continuing education or submit a renewal application. (6) Broker Type License. (A) Every application for original broker type license shall be accompanied by proof acceptable to the commission that the applicant has met all applicable requirements of the license law and these rules, including, but not limited to: 1. Evidence of having been an actively licensed Missouri salesperson, or holding an active real estate license in another state or jurisdiction, for no less than twenty-four (24) of the last thirty (30) months immediately preceding the date of application for license; 2. Proof of successful completion of an approved forty-eight- (48-) hour course of study known as the "Broker Pre-Examination Course" no more than six (6) months prior to the receipt date as affixed by the United States Postal Service or recognized common carrier, or the date the application is hand delivered to the Missouri Real Estate Commission during regular business hours; and 3. Proof of satisfactory completion of both portions of the required examination after having completed the "Broker PreExamination Course." (7) Original broker type applications postmarked May 1 through June 30 of every even numbered year will be issued a license for the subsequent licensing period without being required to obtain continuing education or submit a renewal application. (8) Applicants will have six (6) months after satisfactory completion of the required course(s) of study within which to pass the required examination and apply for license. After six (6) months, credit for such course(s) and examination will expire, and satisfactory completion of the required course(s) and examination must be repeated before applying for license. (9) The respective pre-examination course must be completed and the completion certificate received prior to the candidate attempting to take the required examination. (10) The commission may require an applicant for a license to furnish a recent passporttype photograph and court documents, as well as any other information deemed necessary by the commission to determine the applicant's qualifications for a license. (11) The commission reserves the right, at its discretion, to hold any application for a reasonable length of time for investigation.

20 CSR 2250-4.050 Broker-Salesperson and Salesperson Licenses; Transfers; Inactive Salespersons

PURPOSE: This rule is to clearly define the distinction between a broker and an individual who even though s/he achieved broker status must function as a salesperson. (1) A broker whose license is in good standing and who elects to operate under the supervision of a licensed broker shall first comply with the provisions of 20 CSR 2250- 8.155. The broker shall surrender his/her license to the commission for conversion to a broker-salesperson license. A broker-salesperson license will be issued upon receipt of the properly completed application accompanied by the required fee. No individual holding a broker-salesperson license may have a salesperson licensed under him/her. A broker license may be reinstated upon proper application to the commission accompanied by the required fee. (2) A broker-salesperson or salesperson license shall be issued only to a person who is associated with a licensed broker. The license of each broker-salesperson or salesperson shall be mailed to the broker. A broker-salesperson or salesperson cannot be licensed with more than one (1) broker during the same period of time. (3) Within seventy-two (72) hours of the termination of the association of any brokersalesperson or salesperson, a broker shall notify the commission and shall return to the commission that licensee's license. The broker shall provide a dated and timed receipt to the licensee when the licensee submits a letter of termination to the broker. When a licensee's license is surrendered to the commission, the licensee shall have six (6) months in which to transfer to another broker or change license status. If the application for transfer or change in status is not made within the six (6)-month period, the applicant will be required to complete the required Missouri Real Estate Practice Course and show proof of satisfactory completion of that course within six (6) months prior to reinstatement of the license. If the license is not transferred or placed on inactive status, or if no status change has been made within the subsequent renewal period, the licensee will be required to requalify as if an original applicant. (4) An original licensee or a licensee changing license status/type shall not be deemed to be entitled to engage in any activity for which a license is required until the new license is received by the broker or until written notification is received from the commission that the application is being processed. When a broker-salesperson or salesperson transfers from one broker to another without changing license type, the licensee shall be deemed transferred at the time the properly completed application is mailed by certified, registered, or overnight delivery, if all materials required to transfer are mailed under one (1) cover. The new broker is responsible for seeing that the application is complete and that the application for transfer is mailed by certified, registered, or overnight delivery to ensure proof of delivery. If the application is deemed incomplete, the transfer will not be effective until the new license is received by the broker or until written notification is received from the commission that the application is being processed. (5) Upon termination of a licensee's association with a broker, the licensee shall return all property belonging to the broker, including, but not limited to all listing information acquired by the licensee in any manner during the licensee's association with the broker. (6) A salesperson whose association with a broker is terminated may request the commission to transfer the license to an inactive status. The request shall be on an application approved by the commission and shall be accompanied by the required fee. A license shall be issued to the salesperson clearly printed with the word inactive and the inactive salesperson shall not be associated with a broker nor engage in any activity for which a license is required. An inactive salesperson license must be renewed biennially on or before September 30 of each renewal year. A licensee holding an inactive license as described in this rule will not be required to complete the continuing education requirement for license periods during which the license is inactive. A salesperson license which is in an inactive status may not be reactivated until the licensee presents to the commission a certificate from a school accredited by the commission evidencing satisfactory completion by that person, within the preceding six (6) months, of the Missouri Real Estate Practice Course required by 20 CSR 2250-6.060. The holder of an inactive salesperson license may be transferred to active status upon proper application to the commission accompanied by the required fee and the school completion certificate. (7) A broker-salesperson whose association with a broker is terminated may request the commission to transfer the license to an inactive status and shall be subject to the provisions of 20 CSR 2250-4.040(3).

20 CSR 2250-10.100 Continuing Education Requirements for Licensees

PURPOSE: This rule outlines the continuing education requirements for licensees. (1) Each real estate licensee who holds an active license shall complete during the two (2)-year license period prior to renewal, as a condition precedent to license renewal, a minimum of twelve (12) hours of real estate instruction approved for continuing education credit by the Missouri Real Estate Commission. An active license is any license issued by the commission except those which have been placed on inactive status. Failure to provide the commission evidence of course completion as set forth shall constitute grounds for not renewing a license. For purposes of 20 CSR 2250-10, an hour is defined as sixty (60) minutes, at least fifty (50) minutes of which shall be devoted to actual classroom instruction and no more than ten (10) minutes of which shall be devoted to a recess. No credit will be allowed for fractional hours. (2) Licensees will be responsible for verification, via the Missouri Real Estate Commission's Internet system, that all Missouri approved continuing education courses taken during the current renewal period by the licensee have been reported to the commission by the school. It shall be the licensee's responsibility to report any missing information to the course provider so that accurate records of courses are reflected in the commission's records. (3) At least three (3) hours of the twelve (12) hours of approved instruction shall be taken in a course identified by the Missouri Real Estate Commission and noticed on its official website, no later than March 31 of each even-numbered year as a core course for the following renewal period. Should the commission not identify a topic for the core course, approved schools may submit courses for core consideration in any of the following areas: (A) Missouri laws governing the transfer of real property; (B) Broker supervision and escrow account management; (C) Fair housing; (D) Property management; (E) Commercial brokerage; or (F) Agency and brokerage relationships. (4) The balance of the twelve (12) hours of instruction shall consist of courses which have been approved for continuing education credit by the Missouri Real Estate Commission. The commission will approve those courses which are determined by it to be those through which real estate licensees can remain qualified and can become more competent to provide a higher level of public service and public protection, and are based on consumer protection or service concepts which are founded on Missouri or federal laws related to real estate transactions. (5) Individual licensees may receive continuing education credit for courses taken in Missouri or another state which have not been previously submitted by the sponsor for approval, provided course content, instructor qualifications and course delivery are acceptable to the commission. Applications for non-preapproved course credit must be on a form prescribed by the commission, accompanied by a nonrefundable evaluation fee of ten dollars ($10) per course along with a course description and a typed certificate of completion authenticated by the course provider. Applications for non-preapproved course credit must be postmarked as applied by the postal service or hand delivered to the office of the Missouri Real Estate Commission no later than ninety (90) days prior to the licensee's renewal date. (6) The commission may waive all or part of the continuing education requirements upon a showing by the licensee that it is not feasible for the licensee to satisfy the requirements prior to the renewal date. Waivers may be granted, with acceptable documentation, for the following causes: (A) Serious physical injury or illness of the licensee throughout the two (2)-year license period immediately preceding renewal of license; (B) Active duty in the armed services of the licensee throughout the two (2)-year license period immediately preceding renewal of license; (C) Is licensed to practice law; (D) Licensee is at least eighty (80) years of age; (E) Member of the United States or Missouri Senate or House of Representatives at any time during the renewal period to which the waiver applies; and (F) Member of the Missouri Real Estate Commission during any portion of the renewal period to which the waiver applies. (7) The following offerings will not be considered by the commission to meet Missouri continuing education requirements even though these offerings may be approved by other states or jurisdictions: (A) Training or education not applicable to Missouri real estate practice; (B) Training or education in office and business skills such as typing, speedreading, memory improvement, report writing, personal motivation, salesmanship, sales psychology, and time management; (C) Sales promotions or other meetings held in conjunction with general real estate brokerage activity; (D) Meetings which are a normal part of in-house training; (E) That portion of any offering devoted to meals or refreshments; and (F) Any course or program that is less than three (3) hours in duration. (8) Hours obtained in excess of the twelve (12) hours required during each license renewal period may not be carried forward to satisfy the requirements for any subsequent renewal period. (9) Credit will be given to a licensee for completing a specific course only once during a license renewal period. (10) An instructor who is also a licensee, may be granted continuing education credit for teaching an approved course to licensees. The credit may be granted to that instructor only once for each course or substantially similar course offered during any renewal period. (11) Each licensee shall be responsible for providing the commission, upon request, a true copy of any certificate of course completion.

20 CSR 2250-4.070 Partnership, Association, or Corporation License

PURPOSE: This rule proclaims all provisions necessary to procuring and maintaining a partnership, association, or corporation license. (1) Every partnership, association, or corporation must obtain a separate and distinct real estate broker license before transacting business as a broker pursuant to Chapter 339, RSMo. If the partnership, association, or corporation wishes to do business under an assumed or fictitious name, it shall first comply with 20 CSR 2250-4.030 regarding registration of the name. (2) Before a broker license will be issued to a partnership, association, or corporation, each partner in a partnership or each associate in an association or each officer of a corporation, who actively participates in the supervision of the real estate brokerage business of the firm, as defined in the license law, shall hold the appropriate broker license and each broker-salesperson or salesperson associated with the firm who engages in activities defined in the license law shall hold the appropriate license. In addition, each brokerpartner, broker-associate, or broker-officer shall retain a comparable position/title within the firm. An individual that maintains a salesperson license may also hold an officer title within a corporation. (3) At the time of issuance of a partnership, association, or corporation license, the applicant shall make application to the commission on a form approved by the commission which shall include the following: (A) The full name of the firm, the address of its principal place of business, and a statement as to its form of organization; (B) The name, residence, and business addresses of each Missouri-licensed partner in a partnership, associate in an association, or officer of a corporation; (C) The name and business address of the broker-partner, broker-associate, or brokerofficer who has been designated by the firm as responsible for contact with the commission on business of the firm and to whom the commission will address its correspondence; (D) The address of each branch office of the firm which engages in the activities outlined in Chapter 339, RSMo, and the name of the person in charge of the business at that address; (E) If applying for a corporation license, a copy of the certificate of incorporation must be provided; and (F) A statement that the information furnished is complete, true, and correct in all respects and that the entity is currently in good standing with the secretary of state. The commission must be notified in writing within ten (10) days of every change in a partnership, association, or corporation which changes any information furnished or causes the information to be incomplete. The designated broker for the firm shall be responsible for the notification. (4) A change in the name of a partnership, association, or corporation shall require the filing of a new application with the commission accompanied by the required fee, the previously issued license and documentation from the secretary of state acknowledging the name change. (5) A person qualifying for or renewing a broker license as a partner, associate, or officer in a licensed firm shall be issued a license as a broker-partner, broker-associate, or broker-officer, as the case may be. At the request of the holder, any such license in good standing may be converted by the commission to an individual broker, broker-salesperson, or inactive broker license on a form approved by the commission and accompanied by the required fee. (6) Any person who qualifies as a broker may also be licensed as a broker-officer, brokerassociate, or broker-partner or any combination of the four (4) types of broker licensure. (7) The holder of a broker-partner, brokerassociate, or broker-officer license is not required to maintain a separate escrow or trust account while affiliated with a licensed entity. (8) When a broker-partner, broker-associate, or broker-officer license is returned to the commission, the licensee shall have six (6) months in which to change status or reinstate the license. If the application to change status or reinstate the license is not made within the six- (6-) month period, the applicant will be required to complete the required Missouri Real Estate Practice Course and show proof of satisfactory completion of that course within six (6) months prior to reinstatement of the license. If the license is not reinstated or placed on inactive status within the subsequent renewal period, the licensee will be required to requalify as if an original applicant.

20 CSR 2250-5.020 Application and License Fees

PURPOSE: This rule sets fees of original issue, biennial renewal, transfer, reinstatement, reissue or replacement of a lost, destroyed or stolen license of an individual broker, salesperson, broker-salesperson, partnership, association, corporation, broker-partner, broker-associate or broker-officer. (1) An application fee of fifty dollars ($50) in addition to the original issuance fee shall be paid upon original application for a broker or salesperson license to defray the expense of processing and investigating the application. (2) The following fees shall be paid for original issuance: (A) Broker, Inactive Broker, BrokerPartner, Broker-Associate, Broker-Officer or Broker-Salesperson $ 80 (B) Salesperson $ 40 (C) Partnership, Association, Corporation or Professional Corporation $ 80 (D) Nonresident Broker, Inactive Broker, Broker-Partner, Broker-Associate, BrokerOfficer, Broker-Salesperson, Partnership, Association, Corporation or Professional Corporation $150 and (E) Nonresident Salesperson $100 (3) The following fees shall be paid for renewal of licenses: (A) Broker, Inactive Broker, BrokerPartner, Broker-Associate, Broker-Officer or Broker-Salesperson $ 50 (B) Salesperson or Inactive Salesperson $ 40 (C) Partnership, Association, Corporation or Professional Corporation $ 50 (D) Delinquent Fee $ 50 (per month or partial month elapsed since date of expiration not to exceed a maximum delinquent fee) $200 (E) Nonresident Broker, Inactive Broker, Broker-Partner, BrokerAssociate, Broker-Officer, BrokerSalesperson, Partnership, Association, Corporation or Professional Corporation $150 and (F) Nonresident Salesperson and Inactive Salesperson $100 (4) Effective April 1, 2008, the following fees shall be paid for the 2008 renewal of licenses expiring June 30, 2008 and September 30, 2008: (A) Broker, Inactive Broker, BrokerPartner, Broker-Associate, Broker-Officer or BrokerSalesperson $ 10 (B) Salesperson or Inactive Salesperson $ 10 (C) Partnership, Association, Corporation or Professional Corporation $ 10 (D) Delinquent Fee $ 50 (per month or partial month elapsed since date of expiration not to exceed a maximum delinquent fee) $200 (E) Nonresident Broker, Inactive Broker, Broker-Partner, Broker-Associate, Broker-Officer, Broker-Salesperson, Partnership, Association, Corporation or Professional Corporation $ 10 and (F) Nonresident Salesperson and Inactive Salesperson $ 10 (5) The following fees shall be paid for the appropriate transactions: (A) Transfer/Status Change $ 50 (B) Replacement of a Lost, Destroyed or Stolen License $ 25 (C) Certification of Licensure $ 10 and (D) Professional Corporation Name Approval Fee $ 10

Licenses - Purpose

Since the purpose of chapter 339 of the Missouri statutes is to protect the public, the qualifications for licensure provide that applicants be of good moral character, have an honest reputation, and are competent to transact business within the parameters of the requirements of the law.

Of the following, which is required when applying for a Missouri salesperson or broker license?

The applicant must be at least eighteen years of age

Licenses - Renewal of License

The commission may mail to each licensee, at least 30 days prior to license expiration, a notice of the expiration and an application for renewal of license to the licensee's address on file with the commission. -Broker Renewal: Every license issued and every license renewal for a broker, corporation, broker-office, partnership, broker-partner, association, broker-associate, broker-salesperson, professional corporation (broker-salesperson), or inactive broker license shall expire June 30 in each even-numbered year. -Salesperson Renewal: Every license issued and every license renewal for professional corporation (salesperson), salesperson, or inactive salesperson license shall expire September 30 in each even-numbered year. A renewal license will not be issued until the license of the broker with whom the licensee is associated has been renewed. -Application for Renewal: The commission may issue a new license for each renewal period upon receipt of a properly completed renewal application, including proof of completion of the continuing education requirement pursuant to 20 CSR 2250-10.100, and the biennial fee, if the receipt date as affixed by the United States Postal Service or recognized common carrier, or if hand-delivered to the Missouri Real Estate Commission before the close of business, is no later than the date of license expiration. -Delinquent Renewal Application: Delinquent renewal applications must be accompanied by a delinquent fee of $50 per month or partial month elapsed since the date of license expiration. Delinquent fees are not to exceed $200. -Failure to Complete Continuing Education Requirements: Any licensee who fails to complete continuing education requirements during the renewal period must submit with their renewal proof of completion of the Missouri Real Estate Practice Course as identified in 20 CSR 2250-6.060. This course must have been completed no more than 6 months prior to the receipt date as affixed by the United States Postal Service or recognized common carrier or the date the application is hand-delivered to the Missouri Real Estate Commission during regular business hours.

Licenses - Denial of License

The commission may refuse to examine or issue a license to any person known by it to be guilty of any of the acts or practices specified in subsection 2 of section 339.100, or to any person previously licensed whose license has been revoked. The commission may refuse to issue a license to any association, partnership, corporation, professional corporation, limited partnership, or limited liability company of which such person is a manager, officer, or general partner. Additionally the commission may refuse to issue a license if such person is a member, partner, or associate who has or exercises a controlling interest either directly or indirectly. Lastly, the commission may refuse to issue a license to any corporation of which such person is an officer or in which as a stockholder such person has or exercises a controlling interest either directly or indirectly.

General Rules - Exemptions:

The provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860 of the Missouri statutes shall not apply to: -any person, partnership, limited partnership, limited liability company, association, professional corporation, o corporation with property owned or leased by them, or to the regular employees thereof -any licensed attorney-at-law -an auctioneer employed by the owner of the property -any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or while acting under a court order or under the authority of a will, trust instrument or deed of trust or as a witness in any judicial proceeding or other proceeding conducted by the state or any governmental subdivision or agency Any person employed or retained to manage real property by, for, or on behalf of the agent or the owner of any real estate shall be exempt from holding a license, if the person is limited to one or more of the following activities: -delivery of a lease application, a lease, or any amendment thereof, to any person; -receiving a lease application, lease, or amendment thereof, a security deposit, rental payment, or any related payment, for delivery to, and made payable to, a broker or owner; -showing a rental unit to any person, as long as the employee is acting under the direct instructions of the broker or owner, including the execution of leases or rental agreements; -conveying information prepared by a broker or owner about a rental unit, a lease, an application for lease, or the status of a security deposit, or the payment of rent, by any person; -assisting in the performance of brokers' or owners' functions, administrative, clerical, or maintenance tasks; -if the person described in this section is employed or retained by, for, or on behalf of a real estate broker, the real estate broker shall be subject to discipline under this chapter for any conduct of the person that violates this chapter or the regulations promulgated thereunder

Licenses - Broker License Status Change

When a broker returns his/her license to the commission, the broker must first comply with the provisions of 20 CSR 2250-8.155. The broker shall have 6 months in which to change status or reinstate the license. If the application to change status or reinstate the license is not made within the 6 month period, the applicant will be required to complete the Missouri Real Estate Practice Course and show proof of satisfactory completion of that course within 6 months prior to reinstatement of the license. If the license is not reinstated or placed on inactive status within the subsequent renewal period, the licensee will be required to requalify as if an original applicant.

Mary is a police officer and is applying for her real estate license. Thirty days ago, Mary completed a background check with her police force. Must Mary apply for a fingerprint background check for her real estate license?

Yes. Mary is required to complete an application for fingerprint background check

When renewing a license, a broker must provide evidence of

completion of twelve hours of continuing education approved by the MREC

Mary is employed by Broker John to show rental properties that he manages. She shows rental units, collects security deposit checks made payable to the owner and delivers leases. Based upon these actions, Mary

is not required to be a Missouri real estate licensee

Chapter 339 of the Missouri Statutes is

license law

The requirement to take the Missouri real estate exam is

successful completion of approved 48-hour Missouri Salesperson Pre-Examination Course from an approved provider