A Missouri buyer successfully sues a real estate broker under the Missouri Merchandising Practices Act for fraudulent misrepresentation regarding the condition of a roof. Which of the following best describes the relationship between the buyer's MMPA civil claim and any MREC disciplinary proceeding against the broker?
Correct Answer
D) The MMPA civil claim and MREC disciplinary proceeding are independent; a successful MMPA judgment does not require a concurrent MREC action.
Under the Missouri Merchandising Practices Act, RSMo § 407.010 et seq., civil liability for deceptive practices in real estate is independent of any MREC disciplinary action. A buyer may pursue an MMPA civil claim in court regardless of whether MREC investigates or disciplines the licensee, and a successful MMPA judgment does not depend on—or automatically produce—an MREC disciplinary outcome. These are separate legal processes with separate authorities and remedies.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
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