Bill Text: MO HB220 | 2011 | Regular Session | Enrolled

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Bill Title: Specifies that the ordering of a report or an inspection alone will not constitute selecting or engaging a person regarding a real estate licensee's immunity from liability for certain expert statements

Spectrum: Bipartisan Bill

Status: (Passed) 2011-07-07 - Delivered to Secretary of State (G) [HB220 Detail]

Download: Missouri-2011-HB220-Enrolled.html

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FIRST REGULAR SESSION

[TRULY AGREED TO AND FINALLY PASSED]

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 220

96TH GENERAL ASSEMBLY

0853L.03T                                                                                          2011 

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AN ACT

To repeal section 339.190, RSMo, and to enact in lieu thereof one new section relating to real estate licensees.

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Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 339.190, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 339.190, to read as follows:

            339.190. 1. A real estate licensee shall be immune from liability for statements made by engineers, land surveyors, geologists, environmental hazard experts, wood- destroying inspection and control experts, termite inspectors, mortgage brokers, home inspectors, or other home inspection experts unless:

            (1) The statement was made by a person employed by the licensee or the broker with whom the licensee is associated;

            (2) The person making the statement was selected by and engaged by the licensee. For purposes of this section, the ordering of a report or inspection alone shall not constitute selecting or engaging a person; or

            (3) The licensee knew prior to closing that the statement was false or the licensee acted in reckless disregard as to whether the statement was true or false.

            2. A real estate licensee shall not be the subject of any action and no action shall be instituted against a real estate licensee for any information contained in a seller's disclosure for residential, commercial, industrial, farm, or vacant real estate furnished to a buyer, unless the real estate licensee is a signatory to such or the licensee knew prior to closing that the statement was false or the licensee acted in reckless disregard as to whether the statement was true or false.

            3. A real estate licensee acting as a courier of documents referenced in this section shall not be considered to be making the statements contained in such documents.

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