339.190. Real estate licensee, immunity from liability, when. - Missouri Statutes

Real estate licensee, immunity from liability, when.

339.190. 1. A real estate licensee shall be immune from liabilityfor statements made by engineers, land surveyors, geologists, environmentalhazard experts, wood-destroying inspection and control experts, termiteinspectors, mortgage brokers, home inspectors, or other home inspectionexperts unless:

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

(2) The person making the statement was selected by and engaged bythe licensee; or

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

2. A real estate licensee shall not be the subject of any action andno action shall be instituted against a real estate licensee for anyinformation contained in a seller's disclosure for residential, commercial,industrial, farm, or vacant real estate furnished to a buyer, unless thereal estate licensee is a signatory to such or the licensee knew prior toclosing that the statement was false or the licensee acted in recklessdisregard as to whether the statement was true or false.

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

(L. 2004 S.B. 1211 § 1)