381.025. Consideration for referrals, when, penalty. - Missouri Statutes

Consideration for referrals, when, penalty.

381.025. 1. As used in this section, the term "county" or "counties"includes any city not within a county.

2. Nothing in sections 381.011 to 381.412 shall be construed asprohibiting the division of premiums and charges between or among a titleinsurer and its title agent or agency, two or more title insurers, one ormore title insurers and one or more title agents or agencies, or two ormore title agents or agencies, provided such division of premiums andcharges does not constitute a violation of the Real Estate SettlementProcedures Act, 12 U.S.C. Section 2601, et seq., as amended.

3. A violation of any provision under section 381.141* is a levelthree violation under section 374.049, RSMo.

4. If the director fails to initiate a proceeding to enforce section381.141* within forty-five days following receipt of written notice of suchviolation, any title insurer, title agency, or title agent doing businessin the same county may maintain an action for injunctive relief against atitle insurer, title agency, or title agent violating any provision of thissection. In any action under this subsection, the court may award to thesuccessful party the court costs of the action together with reasonableattorney fees.

(L. 2000 S.B. 894, A.L. 2007 S.B. 66)

Effective 1-01-08

*Section 381.141 was repealed by S.B. 894, 2000. S.B. 894 was declared unconstitutional as a violation of the clear title requirement of Art. III, Sec. 23.