339.150. No fee to be paid to unlicensed person--exception when broker refuses to pay for services rendered knowing the person was unlicensed, effect.
No fee to be paid to unlicensed person--exception when broker refusesto pay for services rendered knowing the person was unlicensed,effect.
339.150. 1. No real estate broker shall knowingly employ or engageany person to perform any service to the broker for which licensure as areal estate broker or a real estate salesperson is required pursuant tosections 339.010 to 339.180 and sections 339.710 to 339.860*, unless such aperson is:
(1) A licensed real estate salesperson or a licensed real estatebroker as required by section 339.020; or
(2) For a transaction involving commercial real estate as defined insection 339.710, a person regularly engaged in the real estate brokeragebusiness outside the state of Missouri who has, in such forms as thecommission may adopt by rule:
(a) Executed a brokerage agreement with the Missouri real estatebroker;
(b) Consented to the jurisdiction of Missouri and the commission;
(c) Consented to disciplinary procedures under section 339.100; and
(d) Appointed the commission as his or her agent for service ofprocess regarding any administrative or legal actions relating to theconduct in Missouri; or
(3) For any other transaction, a person regularly engaged in the realestate brokerage business outside of the state of Missouri.
Any such action shall be unlawful as provided by section 339.100 and shallbe grounds for investigation, complaint, proceedings and discipline asprovided by section 339.100.
2. No real estate licensee shall pay any part of a fee, commission orother compensation received by the licensee to any person for any servicerendered by such person to the licensee in buying, selling, exchanging,leasing, renting or negotiating a loan upon any real estate, unless such aperson is a licensed real estate salesperson regularly associated with sucha broker, or a licensed real estate broker, or a person regularly engagedin the real estate brokerage business outside of the state of Missouri.
3. Notwithstanding the provisions of subsections 1 and 2 of thissection, any real estate broker who shall refuse to pay any person forservices rendered by such person to the broker, with the consent, knowledgeand acquiescence of the broker that such person was not licensed asrequired by section 339.020, in buying, selling, exchanging, leasing,renting or negotiating a loan upon any real estate for which services alicense is required, and who is employed or engaged by such broker toperform such services, shall be liable to such person for the reasonablevalue of the same or similar services rendered to the broker, regardless ofwhether or not the person possesses or holds any particular license, permitor certification at the time the service was performed. Any such personmay bring a civil action for the reasonable value of his services renderedto a broker notwithstanding the provisions of section 339.160.
(L. 1941 p. 424 § 15, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2008 S.B. 788)*Section 339.860 was repealed by S.B. 613 Revision, 2007.