Effective - 28 Aug 2021, 2 histories
339.150. Unlicensed persons not to be employed, when — no fees paid, when, exception — compensation directly to business entity owned by licensee, when — definitions. — 1. No real estate broker shall knowingly employ or engage any person to perform any service to the broker for which licensure as a real estate broker or a real estate salesperson is required pursuant to sections 339.010 to 339.180 and sections 339.710 to 339.860*, unless such a person is:
(1) A licensed real estate salesperson or a licensed real estate broker as required by section 339.020; or
(2) For a transaction involving commercial real estate as defined in section 339.710, a person regularly engaged in the real estate brokerage business outside the state of Missouri who has, in such forms as the commission may adopt by rule:
(a) Executed a brokerage agreement with the Missouri real estate broker;
(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 of process regarding any administrative or legal actions relating to the conduct in Missouri; or
(3) For any other transaction, a person regularly engaged in the real estate brokerage business outside of the state of Missouri.
Any such action shall be unlawful as provided by section 339.100 and shall be grounds for investigation, complaint, proceedings and discipline as provided by section 339.100.
2. No real estate licensee shall pay any part of a fee, commission or other compensation received by the licensee to any person for any service rendered by such person to the licensee in buying, selling, exchanging, leasing, renting or negotiating a loan upon any real estate, unless such a person is a licensed real estate salesperson regularly associated with such a broker, or a licensed real estate broker, or a person regularly engaged in the real estate brokerage business outside of the state of Missouri.
3. Notwithstanding the provisions of subsections 1 and 2 of this section, any real estate broker who shall refuse to pay any person for services rendered by such person to the broker, with the consent, knowledge and acquiescence of the broker that such person was not licensed as required by section 339.020, in buying, selling, exchanging, leasing, renting or negotiating a loan upon any real estate for which services a license is required, and who is employed or engaged by such broker to perform such services, shall be liable to such person for the reasonable value of the same or similar services rendered to the broker, regardless of whether or not the person possesses or holds any particular license, permit or certification at the time the service was performed. Any such person may bring a civil action for the reasonable value of his services rendered to a broker notwithstanding the provisions of section 339.160.
4. Notwithstanding provisions of this chapter to the contrary, a broker may pay compensation directly to a business entity owned by a licensee that has been formed for the purpose of receiving compensation earned by such licensee. A business entity that receives compensation from a broker as provided for in this subsection shall not be required to be licensed under this chapter and shall be owned:
(1) Solely by the licensee;
(2) By the licensee together with the licensee's spouse, but only if the spouse and licensee are both licensed and associated with the same broker, or the spouse is not also licensed; or
(3) By the licensee and one or more other licensees, but only if all such owners are licensees which are associated with the same broker.
5. For purposes of subsection 4 of this section, the following terms shall mean:
(1) "Business entity", any corporation, partnership, limited partnership, limited liability company, professional corporation, or association;
(2) "Licensee", any real estate broker-salesperson or real estate salesperson, as such terms are defined under section 339.010.
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(L. 1941 p. 424 § 15, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2008 S.B. 788, A.L. 2021 H.B. 273 merged with H.B. 476)
*Section 339.860 was repealed by S.B. 613 Revision, 2007.
(1955) Contract for division of commission on sale by broker and person not licensed under this law is void and unenforceable and such is true, although the nonlicensed person is within exception provided in subsection 3 of § 339.010. Gilbert v. Edwards (A.), 276 S.W.2d 611.
(1956) Where individual was involved in eight real estate transactions in six months without having license, he was acting as broker and unpaid notes given in payment of commission for sale would be cancelled because without consideration. Staples v. O'Reilly (A.) 288 S.W.2d 670.