Effective – 28 Aug 2010, 3 histories 339.710. Definitions. — For purposes of sections 339.010 to 339.180, and sections 339.710 to 339.860*, the following terms mean: (1) “Adverse material fact”, a fact related to the property not reasonably ascertainable or known to a party which negatively affects the value of the property. Adverse material facts […]
Effective – 28 Aug 2005 339.720. Licensee’s duties and obligations in writing — licensee as transaction broker, exceptions. — 1. A licensee’s general duties and obligations arising from the limited agency relationship shall be disclosed in writing to the seller and the buyer or to the landlord and the tenant pursuant to sections 339.760 to […]
Effective – 01 Jan 1999 339.730. Licensee as limited agent representing seller or landlord, duties — confidential information disclosure, when — licensee’s duties to customer — showing alternative properties — subagent, duties. — 1. A licensee representing a seller or landlord as a seller’s agent or a landlord’s agent shall be a limited agent with […]
Effective – 01 Jan 1999 339.740. Licensee representing head buyer or tenant — duties and obligations of — disclosure of confidential information — licensee’s duty to a customer — showing of properties — subagents. — 1. A licensee representing a buyer or tenant as a buyer’s or tenant’s agent shall be a limited agent with […]
Effective – 01 Sep 1997 339.750. Dual agent, consent — dual agent as limited agent — disclosure of nonconfidential information, when — nondisclosure of information, when — confidential information — no imputation of information. — 1. A licensee may act as a dual agent only with the consent of all parties to the transaction. Consent […]
Effective – 01 Jan 2000 339.755. Duties and obligations of transaction broker. — 1. A real estate licensee may provide real estate service to any party in a prospective transaction without an agency or fiduciary relationship to one or more parties to the transaction. Such licensee shall be called a transaction broker. 2. A transaction […]
Effective – 28 Aug 2004 339.760. Written agreement, adoption by designated broker, scope. — Every designated broker who has affiliated licensees shall adopt a written policy which identifies and describes the relationships in which the designated broker and affiliated licensees may engage with any seller, landlord, buyer, or tenant as part of any real estate […]
Effective – 28 Aug 2002 339.770. Broker disclosure form for residential real estate transaction, provided by licensee, prior agreement, effect. — 1. In a residential real estate transaction, at the earliest practicable opportunity during or following the first substantial contact by the designated broker or the affiliated licensees with a seller, landlord, buyer, or tenant […]
Effective – 28 Aug 2005 339.780. Brokerage services, written agreements for, parties to, authorizations by designated broker — written agreements, limited agency, single agent, dual agent or subagent. — 1. All written agreements for brokerage services on behalf of a seller, landlord, buyer, or tenant shall be entered into by the designated broker on behalf […]
Effective – 01 Sep 1997 339.790. Commencement of agreement, when — duties after termination of agreement. — 1. The relationships set forth in this section commence on the effective date of the real estate broker’s agreement and continue until performance, completion, termination or expiration of that agreement. 2. A real estate broker and an affiliated […]
Effective – 28 Aug 2004 339.800. Compensation of designated broker, paid by whom, sharing compensation — payment establishing agency — agreement by seller or buyer on sharing compensation. — 1. In any real estate transaction, the designated broker’s compensation may be paid by the seller, the landlord, the buyer, the tenant, or a third party […]
Effective – 01 Jan 1999 339.810. Misrepresentation, client liability — licensee liability — liability for subagent, limited agent licensee liability — licensee as subagent, liability. — 1. A client shall not be liable for a misrepresentation of such client’s limited agent or subagent arising out of the limited agency agreement unless the client knew or […]
Effective – 01 Jan 2000 339.820. Limited agency agreement, listings or representing client, appointment of affiliated licensees. — 1. A designated broker entering into a limited agency agreement with a client for the listing of property or for the purpose of representing that person in the buying, selling, exchanging, renting, or leasing of real estate […]
Effective – 01 Jan 2000 339.830. Designated agents’ and transaction brokers’ duties to client — licensees’ protections from liability. — 1. All designated agents or designated transaction brokers to the extent allowed by their licenses shall have the same duties and responsibilities to the client and customer pursuant to sections 339.730 to 339.755 as the […]
Effective – 01 Sep 1997 339.840. Supersession of agency law, no limitation of civil actions. — Sections 339.710 to 339.860 shall supersede the common law of agency with respect to whom the fiduciary duties of an agent are owed in a real estate transaction. Sections 339.710 to 339.860 shall not be construed to limit civil […]
Effective – 28 Aug 2010 339.845. Notice of delinquent taxes to be sent by commission. — If the commission receives a notice of delinquent taxes from the director of revenue under the provisions of section 324.010 regarding a real estate broker or salesperson, the commission shall immediately send a copy of such notice to the […]
Effective – 01 Jan 1999 339.850. Rules and regulations, promulgation, authority. — Any rule or portion of a rule, as that term is defined in section 536.010, that is promulgated to administer and enforce sections 339.710 to 339.860, shall become effective only if the agency has fully complied with all of the requirements of chapter […]
Effective – 01 Jan 1999 339.855. Severability clause. — If any provision of sections 339.710 to 339.860 or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of sections 339.710 to 339.860 which can be given effect without the invalid provision or application and to […]
