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A developer in St. Joseph, Missouri wants to sell timeshare interests in a newly built resort. The developer has not yet registered the timeshare project with MREC. A licensed Missouri real estate salesperson agrees to begin marketing and selling the timeshare interests immediately, before registration is complete. Which statement correctly describes the legal consequences under Missouri law?

Correct Answer

D) Both the developer and the salesperson may face penalties, as Missouri law requires timeshare projects to be registered with MREC before sales or marketing activities begin.

Under the Missouri Timeshare Act (RSMo §§ 407.600–407.650), a developer must register the timeshare project with MREC before offering, marketing, or selling any timeshare interests. Conducting sales or marketing activities before registration is complete is a violation of Missouri law. Both the developer (for selling unregistered timeshares) and the salesperson (for participating in unlawful sales activity) may face regulatory penalties, including disciplinary action against the salesperson's real estate license under RSMo Chapter 339.

Answer Options
A
The sales are valid because the salesperson holds a Missouri real estate license, which satisfies all state requirements for timeshare sales.
B
The developer must register with the federal government only; Missouri does not require state-level timeshare registration.
C
Only the developer faces penalties; the salesperson is protected because they hold a valid Missouri real estate license.
D
Both the developer and the salesperson may face penalties, as Missouri law requires timeshare projects to be registered with MREC before sales or marketing activities begin.

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Related Topics & Key Terms

Key Terms:

timesharemrec_registrationpre_registration_saleslicensee_liabilityownership_types

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