Broker Flashcards
Missouri Real Estate Commission can only _, _ or _ for committing a Class B Misdemeanor
suspend, revoke or place a licensee on probation
Missouri Statute #— that requires a person be licensed to participate in the real estate profession
339
The purpose of the Missouri Real Estate Commission is to
protect the public.
Any person who violates Missouri License Law and is found guilty has committed a
CLASS B MISDEMEANOR
Is a Real Estate License is required? Selling/assisting buyers, sellers, landlords or tenants with real estate activities
Yes
Is a Real Estate License is required? Procuring prospects
Yes
Is a Real Estate License is required? Offering to sell
Yes
Is a Real Estate License is required? Listing for sale
Yes
Is a Real Estate License is required? Negotiating - helping a consumer to buy, sell, rent or lease a property
Yes
Is a Real Estate License is required? Leasing or renting
Yes, with some exclusions
Is a Real Estate License is required? Exchanges- negotiates or offers or agrees to negotiate the exchange of real estate for a consumer
Yes
Is a Real Estate License is required? Publishing a real estate only publication
Yes
Is a Real Estate License is required? Dealing in options
Yes
Is a Real Estate License is required? An owner or regular employee of a corporation who is not in the real estate business as a vocation
No
Is a Real Estate License is required? An auctioneer employed by the owners to auction their property
No
Is a Real Estate License is required? A court-appointed person who is chosen to be the guardian of an estate
No
Is a Real Estate License is required? Any person employed to manage real property by, for, or on behalf of the agent or the owner, of any real estate IF the person is limited to delivering and receiving a lease, showing a rental unit or conveying information prepared by a broker.
No
The seller (Owner) in an option is called the
Optionor
The maybe buyer in an option is called the
Optionee
The are how many members of the Missouri Real Estate Commission?
7
Commissioners are appointed by who with the consent of the Missouri Senate
the governor
The commission is made up of six (6) members who must be licensed brokers for at least 10 years.
One (1) member of the commission must be
from the general public.
Terms of the commissioners are for
five years.
Commissioners receive how much a day plus expenses when they are meeting.
$75
All commissioners must be Missouri residents for at least
one year.
Commission employees cannot be actively involved in
the real estate business.
Can MREC Hold hearings, pay fees and mileage of witnesses
Yes
Can MREC Issue subpoenas
Yes
Can MREC Promulgate (make known) and enforce the rules and regulations
Yes
Can MREC Suspend
Yes
Can MREC Revoke
Yes
Can MREC Place on probation
Yes
Can MREC Sue and be sued
Yes
Can MREC Hire employees
Yes
Can MREC Elect a chairman
Yes
Can MREC Hold regular meetings
Yes
Can MREC Act by mail or conference call
Yes
Can MREC Obtain a restraining order in a court of competent jurisdiction
Yes
Can MREC Order restitution to injured parties not to exceed $2,500 per day, per offense
Yes
Can MREC Investigate any time with or without a written complaint
Yes
If the commission receives a written, sworn (notarized) complaint they must
investigate.
Will the Missouri Real Estate Commission ever be involved in a commission (money) dispute between licensees and/or brokers
No
Is a person or entity that is not licensed subject to MREC rules and regulations
No
Who can MREC ask to make a person stop practicing without a license?
“Court of competent jurisdiction”
Can MREC Levy fines or award money damages
No
Can MREC Arbitrate commission disputes
No
Can MREC Discuss any case pending before the Missouri Administrative Hearing Commission
No
Missouri Administrative Hearing Commission (MAHC) is made up of 3
attorneys
If the MREC feels that a licensee has violated the license law, they must send the case to the
MAHC
If the MAHC feels that the MREC is not correct, then the case is
dismissed
If the MAHC feels the MREC is correct
the case is sent back to the MREC so that the license of the licensee can be suspended, revoked or placed on probation.
A person who is refused a license by the MREC appeals that decision to the
MAHC.
A violation of Chapter 339 is a
Class B Misdemeanor.
If a licensee is investigated by the MREC and the MAHC, and there has been an accusation of a felony being committed, the accused crime will be turned over to
the attorney general
How much can MREC fine a licensee?
Nothing, ever!
“The broker” cannot hold licensees licenses if the person is not going to be actively involved in the business. The license should be returned to the MREC. (How many referrals a licensing period would make a licensee “Actively involved in the business.”)
One
If a broker changes his/her company office or branch office, the MREC must be given written notice within
10 days.
License renewal is always on
June 30th every two years – even years
Can a Broker-Salesperson act as a branch or sales manager and can continue to list and sell property
Yes
Can a Broker-Salesperson “hold” licenses
No
Can a Broker-Salesperson choose to operate as a salesperson under the direction of another broker
Yes
A licensee has attained broker status, and chooses to operate as an officer, partner or associate.The entity becomes “The broker” and the partners in the corporation become
broker officers.
A salesperson can be an officer of a corporation, but cannot be involved in
management or supervision of the business.
All corporate officers involved in the brokerage business must have active
broker-officer licenses or a salesperson’s license.
The Corporation must be in good standing with the
Secretary of State
If a company is set up as a Corporation, Partnership or Association one of the officers, partners, or associates must serve as the ___ for the purpose of communication with the MREC.
“Designated Broker”
Can a salesperson manage other licensees without obtaining some type of broker license?
No