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  • Essay / Caveat Emptor: Home Buyers' Rights in the State of...

    The State of Missouri requires professionals to obtain a license before providing services to the public, in many careers. There are some misconceptions that licensing is simply necessary to charge for services. Licenses, however, are issued because the public trusts professionals who are more competent than themselves. Today, many people want to avoid the hassle and risk of land transfer and therefore rely on licensed real estate professionals. The Missouri Broker Disclosure Form (MBDF) is a document used by the Missouri State Real Estate Commission that attempts to provide the public with competent information about agency relationships (the fiduciary relationship between buyers/sellers and agents) . It also holds real estate agents and brokers somewhat accountable to the public by representing them in their best interests; All real estate agents are required to present and explain this form to buyers and sellers. It seems that in today's society, greed, corruption and self-interest have spread like a contagious disease and we live in a world where it is risky to trust others. The government is trying to respond to this corruption by putting in place more regulations and laws to ensure the honesty of citizens. In summary, the Missouri Broker Disclosure Form is a document designed to help the public make an informed choice about the type of agency, who they trust, and what fiduciary commitments they are owed. It is important to understand a few concepts before analyzing and determining the effectiveness of this document. Although people don't always realize it, buying a house is one of...... middle of paper ......most of the time, if the person in front him signs the form, declaring that they have read it, that it has fulfilled its purpose; the agent did what was necessary to satisfy the auditors of the Missouri Real Estate Commission (MREC). Many people find the MBDF ambiguous, not so much because of the way it is written, but because the definitions and rules created by the MREC are in fact, in themselves, ambiguous. The document must, however, indicate to a buyer or seller that the State of Missouri takes issues such as ethics, honesty and trust seriously; and they will take action against unscrupulous agents who disregard this and simply work to line their own pockets, allowing buyers and sellers to truly trust licensed real estate professionals. In this sense, the Missouri Broker Disclosure Form is an effective instrument.