Missouri Revised Statutes

Mo. Rev. Stat. § 339.040 (2026)

Licenses granted to whom

✓ current as of May 2026
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  339.040.  Licenses granted to whom — examination — qualifications — fee — temporary broker's license, when. — 1.  Licenses shall be granted only to persons who present, and corporations, associations, partnerships, limited partnerships, limited liability companies, and professional corporations whose officers, managers, associates, general partners, or members who actively participate in such entity's brokerage, broker-salesperson, or salesperson business present, satisfactory proof to the commission that they are competent to transact the business of a broker or salesperson in such a manner as to safeguard the interest of the public.

  2.  In order to determine an applicant's qualifications to receive a license under sections 339.010 to 339.180 and sections 339.710 to 339.860*, the commission shall hold oral or written examinations at such times and places as the commission may determine.

  3.  Each applicant for a broker or salesperson license shall be at least eighteen years of age and shall pay the broker examination fee or the salesperson examination fee.

  4.  Each applicant for a broker license shall be required to have satisfactorily completed the salesperson license examination prescribed by the commission.  For the purposes of this section only, the commission may permit a person who is not associated with a licensed broker to take the salesperson examination.

  5.  Each application for a broker license shall include a certificate from the applicant's broker or brokers that the applicant has been actively engaged in the real estate business as a licensed salesperson for at least two years immediately preceding the date of application, and shall include a certificate from a school accredited by the commission under the provisions of section 339.045 that the applicant has, within six months prior to the date of application, successfully completed the prescribed broker curriculum or broker correspondence course offered by such school, except that the commission may waive all or part of the requirements set forth in this subsection when an applicant presents proof of other educational background or experience acceptable to the commission.  Each application for a broker-salesperson license shall include evidence of the current broker license held by the applicant.

  6.  Each application for a salesperson license shall include a certificate from a school accredited by the commission under the provisions of section 339.045 that the applicant has, within six months prior to the date of application, successfully completed the prescribed salesperson curriculum or salesperson correspondence course offered by such school, except that the commission may waive all or part of the educational requirements set forth in this subsection when an applicant presents proof of other educational background or experience acceptable to the commission.

  7.  The commission may issue a temporary work permit pending final review and printing of the license to an applicant who appears to have satisfied the requirements for licenses.  The commission may, at its discretion, withdraw the work permit at any time.

  8.  Every active broker, broker-salesperson, salesperson, officer, manager, general partner, member or associate shall provide upon request to the commission evidence that during the two years preceding he or she has completed twelve hours of real estate instruction in courses approved by the commission.  The commission may, by rule and regulation, provide for individual waiver of this requirement.

  9.  Each entity that provides continuing education required under the provisions of subsection 8 of this section may make available instruction courses that the entity conducts through means of distance delivery.  The commission shall by rule set standards for such courses.  The commission may by regulation require the individual completing such distance-delivered course to complete an examination on the contents of the course.  Such examination shall be designed to ensure that the licensee displays adequate knowledge of the subject matter of the course, and shall be designed by the entity producing the course and approved by the commission.

  10.  In the event of the death or incapacity of a licensed broker, or of one or more of the licensed general partners, officers, managers, members or associates of a real estate partnership, limited partnership, limited liability company, professional corporation, corporation, or association whereby the affairs of the broker, partnership, limited partnership, limited liability company, professional corporation, corporation, or association cannot be carried on, the commission may issue, without examination or fee, to the legal representative or representatives of the deceased or incapacitated individual, or to another individual approved by the commission, a temporary broker license which shall authorize such individual to continue for a period to be designated by the commission to transact business for the sole purpose of winding up the affairs of the broker, partnership, limited partnership, limited liability company, professional corporation, corporation, or association under the supervision of the commission.

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(L. 1941 p. 424 § 7, A.L. 1945 p. 1423, A.L. 1978 S.B. 811, A.L. 1981 S.B. 16, A.L. 1983 H.B. 100, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2006 H.B. 1339, A.L. 2010 H.B. 1692, et al. and A.L. 2010 S.B. 754, A.L. 2011 H.B. 315, A.L. 2020 H.B. 2046)

*Section 339.860 was repealed by S.B. 613 Revision, 2007.

Notes of Decisions
Cited in 9 cases, 1955–2019 · leading case: Kansas City Premier Apts., Inc. v. Missouri Real Est. Comm'n, 344 S.W.3d 160 (Mo. 2011).
Kansas City Premier Apts., Inc. v. Missouri Real Est. Comm'n, 344 S.W.3d 160 (Mo. 2011). · cites it 8× “Section 339.040 provides a framework for how a person can become a licensed real estate broker.”
Gilbert v. Edwards, 276 S.W.2d 611 (Mo. Ct. App. 1955). · cites it 5× “Section 339.040 RSMo 1949, V.A. M.S., provides that a license shall be granted only to persons who bear a good reputation for honesty, integrity, fair dealing and who are competent to transact the business of a real estate broker or a real estate salesman in such manner as to…”
Coldwell Bankers-Gordon Co. Realtors v. Roling, 703 S.W.2d 572 (Mo. Ct. App. 1986). · cites it 2× “Note that § 339.040, RSMo 1978, as amended, requires a broker or salesperson to take and successfully complete an examination prior to being issued a license.”
Harris v. Hunt, 122 S.W.3d 683 (Mo. Ct. App. 2003). · cites it 2× “2(15) provides that the MREC may file a complaint with the AHC if a licensee has committed an act “which would otherwise be grounds for the commission to refuse to issue a license under section 339.040.” Section 339.040.1(1) and (2) state that licenses shall only be given to…”
Missouri Real Est. Comm'n v. McCormick, 778 S.W.2d 303 (Mo. Ct. App. 1989). · cites it 2× “by false or fraudulent representation, fraud or deceit; * * * * * * (15) Committing any act which would otherwise be grounds for the commission to refuse to issue a license under section 339.040; * * * * * * (17) Being found guilty in a court of this state, or of any other…”
Sandbothe v. Williams, 552 S.W.2d 251 (Mo. Ct. App. 1977). “Edwards, supra at 616: “It is readily seen from an examination of this section [§ 339.040] and the other provisions of Chapter 339 that it was the evident intention of the Legislature to protect the public against fraud and incompetency in real estate transactions.”
White v. Miriam Realty Co., 547 S.W.2d 184 (Mo. Ct. App. 1977). · cites it 2× “5) and by § 339.040, RSMo.1969, which provides in part that “[a] license shall be granted only to persons .”
State ex rel. Am. Inst. of Mktg. Sys., Inc. v. Missouri Real Est. Comm'n, 461 S.W.2d 902 (Mo. Ct. App. 1970). · cites it 2× “Section 339.040 provides that: “A license shall be granted only to persons who bear and to corporations or *904 associations whose officers bear, a good reputation for honesty, integrity, fair dealing, and who are competent to transact the business of a real estate broker or a…”
Missouri Real Est. Comm'n v. William L. Held (Mo. Ct. App. 2019). “5 Even if an applicant satisfies the requirements of § 339.040, § 339.080.1 provides that the Commission “may refuse to .”
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