339.180. Practice without a license--endangering welfare of others--injunction, procedure.
Practice without a license--endangering welfare ofothers--injunction, procedure.
339.180. 1. It shall be unlawful for any person or entity notlicensed under this chapter to perform any act for which a real estatelicense is required. Upon application by the commission, and the necessaryburden having been met, a court of general jurisdiction may grant aninjunction, restraining order or other order as may be appropriate toenjoin a person or entity from:
(1) Offering to engage or engaging in the performance of any acts orpractices for which a permit or license is required by this chapter upon ashowing that such acts or practices were performed or offered to beperformed without a permit or license; or
(2) Engaging in any practice or business authorized by a permit orlicense issued pursuant to this chapter upon a showing that the holderpresents a substantial probability of serious danger to the health, safetyor welfare of any person with, or who is considering obtaining, a legalinterest in real property in this state.
2. Any such action shall be commenced either in the county in whichsuch conduct occurred or in the county in which the defendant resides.
3. Any action brought under this section shall be in addition to andnot in lieu of any penalty provided by this chapter and may be broughtconcurrently with other actions to enforce this chapter.
(L. 1978 S.B. 811, A.L. 1981 S.B. 16, A.L. 2004 H.B. 985)