339.010. Definitions--applicability of chapter.
Definitions--applicability of chapter.
339.010. 1. A "real estate broker" is any person, partnership,association, or corporation, foreign or domestic who, for another, and fora compensation or valuable consideration, does, or attempts to do, any orall 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 optionson real estate or improvements thereon;
(6) Advertises or holds himself or herself out as a licensed realestate 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 toresult in the sale, exchange, leasing or rental of real estate;
(8) Assists or directs in the negotiation of any transactioncalculated or intended to result in the sale, exchange, leasing or rentalof real estate;
(9) Engages in the business of charging to an unlicensed person anadvance fee in connection with any contract whereby the real estate brokerundertakes to promote the sale of that person's real estate through itslisting in a publication issued for such purpose intended to be circulatedto the general public;
(10) Performs any of the foregoing acts on behalf of the owner ofreal estate, or interest therein, or improvements affixed thereon, forcompensation.
2. A "real estate salesperson" is any person who for a compensationor valuable consideration becomes associated, either as an independentcontractor or employee, either directly or indirectly, with a real estatebroker to do any of the things above mentioned. The provisions of sections339.010 to 339.180 and sections 339.710 to 339.860* shall not be construedto deny a real estate salesperson who is compensated solely by commissionthe right to be associated with a broker as an independent contractor.
3. The term "commission" as used in sections 339.010 to 339.180 andsections 339.710 to 339.860* means the Missouri real estate commission.
4. "Real estate" for the purposes of sections 339.010 to 339.180 andsections 339.710 to 339.860* shall mean, and include, leaseholds, as wellas any other interest or estate in land, whether corporeal, incorporeal,freehold or nonfreehold, and the real estate is situated in this state.
5. "Advertising" shall mean any communication, whether oral orwritten, between a licensee or other entity acting on behalf of one or morelicensees and the public, and shall include, but not be limited to,business cards, signs, insignias, letterheads, radio, television, newspaperand magazine ads, Internet advertising, web sites, display or group ads intelephone directories, and billboards.
6. The provisions of sections 339.010 to 339.180 and sections 339.710to 339.860* shall not apply to:
(1) Any person, partnership, association, or corporation who asowner, lessor, or lessee shall perform any of the acts described insubsection 1 of this section with reference to property owned or leased bythem, 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 orunder the authority of a will, trust instrument or deed of trust or as awitness in any judicial proceeding or other proceeding conducted by thestate 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 exemptfrom holding a license, if the person is limited to one or more of thefollowing activities:
(a) Delivery of a lease application, a lease, or any amendmentthereof, to any person;
(b) Receiving a lease application, lease, or amendment thereof, asecurity 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 isacting under the direct instructions of the broker or owner, including theexecution of leases or rental agreements;
(d) Conveying information prepared by a broker or owner about arental unit, a lease, an application for lease, or the status of a securitydeposit, 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 retainedby, for, or on behalf of a real estate broker, the real estate broker shallbe subject to discipline under this chapter for any conduct of the personthat violates this chapter or the regulations promulgated thereunder;
(6) Any officer or employee of a federal agency or the stategovernment or any political subdivision thereof performing official duties;
(7) Railroads and other public utilities regulated by the state ofMissouri, or their subsidiaries or affiliated corporations, or to theofficers or regular employees thereof, unless performance of any of theacts described in subsection 1 of this section is in connection with thesale, purchase, lease or other disposition of real estate or investmenttherein unrelated to the principal business activity of such railroad orother public utility or affiliated or subsidiary corporation thereof;
(8) Any bank, trust company, savings and loan association, creditunion, insurance company, mortgage banker, or farm loan associationorganized under the laws of this state or of the United States when engagedin the transaction of business on its own behalf and not for others;
(9) Any newspaper, magazine, periodical, Internet site, Internetcommunications, or any form of communications regulated or licensed by theFederal Communications Commission or any successor agency or commissionwhereby 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, orregional economic development association, agency or corporation which hasas its principal purpose the general promotion and economic advancement ofthe community at large, provided that such entity:
(a) Does not offer such property for sale, lease, rental or exchangeon 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 orin kind, that is directly related to sale or disposal of such properties.An economic developer's normal annual compensation shall be excluded fromconsideration as commission or compensation related to sale or disposal ofsuch properties; or
(12) Any neighborhood association, as that term is defined in section441.500, RSMo, 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 theassociation's neighborhood, including any publication of such informationin a newsletter, Internet site, or other medium.
(L. 1941 p. 424 § 3, A.L. 1945 p. 1421, A.L. 1967 p. 444, A.L. 1978 S.B. 811, A.L. 1987 S.B. 175, A.L. 1988 H.B. 1573, A.L. 1993 S.B. 18, A.L. 2002 H.B. 1964, A.L. 2004 H.B. 985, A.L. 2006 H.B. 1339, A.L. 2008 S.B. 788)*Section 339.860 was repealed by S.B. 613 Revision, 2007.