Missouri Statute Limits Real Estate Agent Liability for Third-Party Inspection Reports

Missouri real estate licensees are generally immune from liability for statements made by third-party inspectors and experts, according to the statutory language of RSMo § 339.190. This provision is particularly relevant for buyers, sellers, and agents in the St. Louis area, as it clarifies when a real estate agent can and cannot be held responsible for information provided by outside professionals during a real estate transaction.

Key Protections for Real Estate Licensees

The most consequential aspect of RSMo § 339.190 is its broad protection for real estate agents against lawsuits based on statements made by professionals such as home inspectors, engineers, surveyors, and similar experts. The statute states:

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: The statement was made by a person employed by the licensee or the broker with whom the licensee is associated; 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 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.

This means that, in most cases, if a buyer or seller hires an inspector or other expert, the real estate agent is not automatically liable for what that expert says or reports. The statute makes clear that simply ordering an inspection or report does not make the inspector the agent or contractor of the licensee for liability purposes.

Exceptions and Practical Implications

There are important exceptions to this immunity. According to the document, liability may still attach if:

• The inspector or expert was employed by the licensee or the broker with whom the licensee is associated.
• The licensee did more than order the inspection and actually selected and engaged the inspector (ordering alone is not enough).
• The licensee knew before closing that the statement was false, or acted in reckless disregard of its truth.

The document summarizes this point as follows:

If a Missouri licensee, acting with the seller’s or buyer’s authorization, simply orders an inspection or report, that act by itself does not make the inspector the agent or contractor of the licensee for liability purposes.

For both consumers and agents, this statutory protection matters because it reduces the risk of lawsuits against agents when third-party professionals are involved. Buyers and sellers should still carefully select qualified inspectors and experts, but they cannot generally hold the agent responsible for those experts’ errors unless one of the exceptions applies.

Disclosure and Seller’s Statements

The statute also addresses information contained in seller disclosures. It states that a real estate licensee is not subject to action for information in a seller’s disclosure unless the licensee is a signatory to the disclosure or knew the information was false or acted in reckless disregard of its truth. Additionally, when acting as a courier of documents, the licensee is not considered to be making the statements contained in those documents.

Regarding property size or square footage, the statute provides that a licensee is not liable for the accuracy of such information if it comes from a third party and the source is disclosed before an offer is transmitted, unless the licensee knew the information was false or acted with reckless disregard.

Why This Statute Matters in St. Louis Real Estate

For St. Louis area buyers and sellers, understanding RSMo § 339.190 is important because it clarifies the limits of agent liability and helps set expectations about who is responsible for the accuracy of inspection reports and disclosures. For agents, this statute is described as “one of the most important liability-protection provisions in Chapter 339,” according to the document, and it helps protect professionals from lawsuits simply for facilitating inspections or passing along third-party information.

However, the document also notes that this summary is for general information and not legal advice, and encourages consulting a managing broker or attorney for specific transactions.

You can read the full document here: RSMo § 339.190, Real Estate Licensee, Immunity from Liability.