Brokerage Relationship Confirmation

PURPOSE: This rule outlines requirements for a brokerage relationship confirmation. (1) Licensees acting with or without a written agreement for brokerage services pursuant to sections 339.710 to 339.860, RSMo, are required to have such relationships confirmed in writing by each party to the real estate transaction on or before such party’s first signature to the real estate contract. Nothing contained herein prohibits the written confirmation of brokerage relationships from being included or incorporated into the real estate contract, provided that any addendum or incorporated document containing the written confirmation must include a separate signature section for acknowledging the written confirmation that shall be signed and dated by each party to the real estate transaction. (A) Written confirmation must— 1. Identify the licensee’s brokerage relationship; 2. Identify the source or sources of compensation; 3. Confirm that the brokerage relationships, if required by rule or regulation, were disclosed to the seller/landlord and/ or buyer/tenant or their respective agents and/or transaction brokers no later than the first showing, upon first contact, or immediately upon the occurrence of any change to that relationship; 4. Confirm the seller’s/landlord’s and buyer’s/tenant’s receipt of the Broker Disclosure Form prescribed by the commission; 5. Be signed and dated by the seller/landlord and buyer/ tenant. If the landlord has entered into a written property management agreement pursuant to 20 CSR 2250-8.200–20 CSR 2250-8.210, the landlord shall not be required to sign the written confirmation; and 6. Be signed and dated by the disclosing licensees on or before the contract date. If a landlord’s agent or transaction broker is conducting property management pursuant to personnel may, in their performance of the duties enumerated in 339.010.5(5)(a)–(e), sign the written confirmation on behalf of the landlord’s agent or transaction broker. (B) A signed copy shall be given to the seller/landlord and buyer/tenant and a signed copy shall be retained by the disclosing licensee’s broker. If any party to the real estate transaction refuses to sign the confirmation, the licensee working with that party pursuant to 339.710 to 339.860, RSMo, shall set forth, sign and date a written explanation of the facts of refusal and the explanation shall be retained by the licensee’s broker. (2) In a commercial real estate transaction where the real estate contract is prepared by legal counsel for the seller/landlord or buyer/tenant, the written confirmation by the party or parties who are represented by legal counsel shall not be required. AUTHORITY: sections 339.120, 339.780, and 339.720, RSMo Supp. 2008.* This rule originally filed as 4 CSR 250-8.096. Original rule filed Jan. 14, 2000, effective July 30, 2000. Amended: Filed Nov. 3, 2003, effective April 30, 2004. Moved to 20 CSR 2250-8.096, effective Aug. 28, 2006. Amended: Filed April 3, 2009, effective Sept. 30, 2009. *Original authority: 339.120, RSMo 1941, amended 1963, 1967, 1981, 1988, 1993, 1995, 1999, 2004, 2008; 339.720, RSMo 1996, amended 1998, 1999, 2002, 2005; and 339.780, RSMo 1996, amended 1998, 1999, 2004, 2005.