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Under the Missouri Merchandising Practices Act, RSMo § 407.010 et seq., all of the following types of conduct by a real estate licensee in connection with a property sale could constitute a violation EXCEPT:

Correct Answer

C) Charging a commission rate that has been openly disclosed and agreed upon in a written listing agreement

Charging a commission rate that has been openly disclosed and agreed upon in a written listing agreement is a lawful contractual arrangement between the broker and the seller. Transparency and mutual agreement are the hallmarks of legitimate business practice. The Missouri Merchandising Practices Act targets unfair, deceptive, or misleading conduct—not freely negotiated and fully disclosed fee arrangements. Therefore, this conduct is NOT a violation of the MMPA.

Answer Options
A
Concealing a known structural defect from a prospective buyer to facilitate a sale
B
Making a false statement about the property's zoning classification to induce a purchase
C
Charging a commission rate that has been openly disclosed and agreed upon in a written listing agreement
D
Using deceptive advertising that overstates the property's income potential to attract investors

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Related Topics & Key Terms

Key Terms:

merchandising_practices_actviolationreverse_questiondeceptive_practiceslawful_conduct

Related Concepts

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

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