Creates provisions relating to solicitations to buy real property

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Creates provisions relating to solicitations to buy real property

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1739 - The act provides that a person shall not contact a property owner more than once per a calendar year with an unsolicited offer to buy the owner's real property.

What This Bill Does

• The following summaries of this bill are available: Print All Summaries Introduced Print SB 1739 - The act provides that a person shall not contact a property owner more than once per a calendar year with an unsolicited offer to buy the owner's real property.
• The unsolicited offer to buy real property shall include any communication, including a phone call, text message, email, mail, or fax.
• When a person contacts a property owner with an unsolicited offer to buy the owner's real property, before making the offer, the person shall provide the property owner with the person's legal name, address, phone number, and an email address.
• Communication between a person and a property owner shall not be considered an unsolicited offer to buy real property if such communication is part of an ongoing negotiation to buy real property, until the owner states that he or she does not wish to continue the negotiations, or, if the negotiations are occurring through text messages, the owner writes that he or she does not wish to continue negotiations.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

Print

SB 1739 - The act provides that a person shall not contact a property owner more than once per a calendar year with an unsolicited offer to buy the owner's real property. The unsolicited offer to buy real property shall include any communication, including a phone call, text message, email, mail, or fax.

When a person contacts a property owner with an unsolicited offer to buy the owner's real property, before making the offer, the person shall provide the property owner with the person's legal name, address, phone number, and an email address.

Communication between a person and a property owner shall not be considered an unsolicited offer to buy real property if such communication is part of an ongoing negotiation to buy real property, until the owner states that he or she does not wish to continue the negotiations, or, if the negotiations are occurring through text messages, the owner writes that he or she does not wish to continue negotiations.

The Attorney General shall enforce the provisions of the act. Violations of the act may be reported to the Attorney General. Within 20 days of receiving a report for any violations of the act, the Attorney General shall send a written notice to the property owner that the Attorney General is conducting an investigation as to whether a violation occurred. After the investigation is completed, the Attorney General shall send a second written notice to the property owner describing the findings of the investigation. The second written notice shall also include information describing how the property owner may be placed on the no-call list.

If the Attorney General believes that a violation occurred, the Attorney General shall commence a civil action. If the court finds that a violation occurred, the court may grant relief as described in the act. A civil penalty shall not exceed $2,000 per violation.
JULIA SHEVELEVA

Current Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 1739
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
6253S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 407, RSMo, by adding thereto one new section relating to solicitations to buy
real property, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto 1
one new section, to be known as section 407.3700, to read as 2
follows:3
407.3700. 1. A person shall not contact a property 1
owner more than one time in a calendar year with an 2
unsolicited offer to buy the property owner's real property. 3
2. The unsolicited offer to buy real property under 4
subsection 1 of this section shall include, but is not 5
limited to, any communication made through a telephone call, 6
text message, email, mail, facsimile transmission, or any 7
other form of communication. 8
3. When a person contacts a property owner with an 9
unsolicited offer to buy the property owner's real property 10
under this section, prior to making the solicitation, the 11
person shall provide the property owner with: 12
(1) The person's legal name; 13
(2) The person's address; 14
(3) The person's telephone number where the person may 15
be contacted; and 16
SB 1739 2
(4) The person's email address where the person may be 17
contacted. 18
4. Communication between a person and a property owner 19
shall not be considered an unsolicited offer to buy real 20
property, if such communication is part of an ongoing 21
negotiation to acquire real property, until the property 22
owner states that the property owner does not wish to 23
continue the negotiations, or, in the case of negotiations 24
occurring through text message, writes that the property 25
owner does not wish to continue negotiations. 26
5. The attorney general shall enforce the provisions 27
of this section. Violations of this section may be reported 28
to the attorney general. Within twenty days of receiving a 29
report for any violation of this section, the attorney 30
general shall send a written notice to the property owner 31
that the attorney general is conducting an investigation as 32
to whether a violation occurred. After the investigation is 33
completed, the attorney general shall send a second written 34
notice to the property owner describing the findings of the 35
investigation. The second written notice shall also include 36
information describing how the property owner may be placed 37
on the no-call list pursuant to sections 407.1101 and 38
407.1110. 39
6. If the attorney general believes that a violation 40
occurred, the attorney general shall commence a civil action 41
in a court of competent jurisdiction. If the court finds 42
that a violation occurred, the court may grant injunctive 43
relief, civil penalties, damages, attorney fees, and any 44
such other relief the court finds appropriate. A civil 45
penalty shall not exceed two thousand dollars per violation. 46
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