Effective - 28 Aug 2010
339.160. Real estate brokers and salespersons may not bring legal action for compensation unless licensed. — No person, partnership, limited partnership, limited liability company, professional corporations, corporation or association engaged within this state in the business or acting in the capacity of a real estate broker, real estate broker-salesperson or real estate salesperson shall bring or maintain an action in any court in this state for the recovery of compensation for services rendered in the buying, selling, exchanging, leasing, renting or negotiating a loan upon any real estate without alleging and proving that such person, partnership, limited partnership, limited liability company, professional corporation, corporation or association, or its member, manager, officer, general partner or associate, as applicable, was a licensed real estate broker, broker-salesperson or salesperson at the time when the alleged cause of action arose.
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(L. 1941 p. 424 § 16, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2010 H.B. 1692, et al. merged with S.B. 754)
(1959) Contract to sell earth to be removed from land did not involve title or interest in land and was therefore not subject to this law. Law v. Taylor (A.), 330 S.W.2d 170.
(1967) Purpose of legislature in closing courts to unlicensed brokers was to establish strong policy so that neither a contract nor lawful efforts could provide pecuniary benefits to such broker. Miller Nationwide Real Estate Corporation v. Sikeston Motel Corporation (Mo.), 418 S.W.2d 173.
(1971) In action by plaintiff's real estate association to recover a commission trial court properly overruled defendant's motion for judgment and sustained its motion for new trial only on issue as to whether plaintiff was licensed since although plaintiff failed to allege and prove plaintiff was licensed real estate broker, there was evidence in the record from which it could be inferred that plaintiff would be able to present essential evidence that it was licensed. Reed Schmidt and Assoc. v. Carafoil Furniture Co. (A.), 469 S.W.2d 876.
(1977) Held that a person who neither advertised nor held himself out as a real estate broker or salesman was entitled to payment under an agreement between himself and a real estate company whereby he was to receive payment for bringing buyer to real estate company. White v. Miriam Realty Co. (A.), 547 S.W.2d 184.
Structure Missouri Revised Statutes
Title XXII - Occupations and Professions
Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents
Section 339.010 - Definitions — inapplicability of chapter.
Section 339.020 - Brokers and salespersons, unlawful to act without license.
Section 339.030 - Business entities may be licensed, when, fee.
Section 339.045 - Real estate schools — accreditation — registration — fee, how determined.
Section 339.050 - Form of application.
Section 339.060 - Fees, amount, set how — term of licenses.
Section 339.080 - Denial of application or license, when, notice — hearing.
Section 339.090 - License of nonresident — fee — reciprocity — rulemaking authority.
Section 339.110 - Refusal of licenses, when.
Section 339.125 - Rulemaking procedure.
Section 339.130 - Legal status of commission.
Section 339.170 - Penalty for violation.
Section 339.190 - Real estate licensee, immunity from liability, when.
Section 339.200 - Prohibited acts — investigation may be initiated, when, procedure.
Section 339.500 - Citation of law.
Section 339.501 - Licensure or certification of real estate appraisers required, exceptions.
Section 339.503 - Definitions.
Section 339.509 - Commission, powers and duties.
Section 339.517 - Examination required, when — rules authorized, invalid, when.
Section 339.529 - Addresses and changes of addresses, procedure — duties of notification.
Section 339.531 - Complaint procedure — effective date.
Section 339.533 - Authority of commission, oaths and subpoenas.
Section 339.535 - Compliance with uniform standards required.
Section 339.544 - Rulemaking authority.
Section 339.545 - Commission to issue certificates and licenses.
Section 339.546 - Violations of law — criminal penalties.
Section 339.549 - Violation of law — civil penalties — injunctions, venue.
Section 339.710 - Definitions.
Section 339.755 - Duties and obligations of transaction broker.
Section 339.760 - Written agreement, adoption by designated broker, scope.
Section 339.790 - Commencement of agreement, when — duties after termination of agreement.
Section 339.840 - Supersession of agency law, no limitation of civil actions.
Section 339.845 - Notice of delinquent taxes to be sent by commission.
Section 339.850 - Rules and regulations, promulgation, authority.