A Missouri real estate licensee is found to have engaged in deceptive advertising practices when marketing a residential property. MREC initiates a disciplinary investigation. Separately, the buyer who was misled consults an attorney about pursuing civil remedies. Under Missouri law, which statute would most likely serve as the basis for the buyer's independent civil claim against the licensee, separate from any MREC disciplinary action?
Correct Answer
B) Missouri Merchandising Practices Act (RSMo § 407.010 et seq.), which prohibits unfair, deceptive, or misleading practices in the sale of real estate
The Missouri Merchandising Practices Act (MMPA), RSMo § 407.010 et seq., is a broad consumer protection statute that prohibits unfair, deceptive, or misleading practices in the sale of goods and services, including real estate. It is enforced by the Missouri Attorney General and provides an independent civil cause of action for consumers harmed by deceptive practices. A buyer deceived by a licensee's misleading advertising could bring a claim under the MMPA independently of any MREC disciplinary proceeding, and may be entitled to actual damages, punitive damages, and attorney's fees.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.
The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
More Practice Of Real Estate Questions
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