KCPA produced notes documenting the email correspondence Rental Advisors carried out with 35 clients chosen at random [Defendant’s Exhibit 7]. That small sample of documents showed that in at least two cases, KCPA Rental Advisors gave prospective renters advice and personal opinions about the advantages and character of rental properties [Defendant’s Exhibits 7C, 7D, Respondent’s Appendix, Page A-47, A-59]. The President of KCPA admitted that in the communications in those documents, Rental Advisors gave prospective tenants personal advice that she considered inappropriate [Tr. 96-98]. The background of the President of KCPA in real estate prior to starting the company consisted of approximately a year and a half in the employment of a licensed real estate broker, performing similar apartment search functions [Tr. 80]. She had no educational background specific to real estate and never applied for a real estate license [Tr. 81]. She was unable to define or explain the terms “agency” and “fiduciary” in her testimony [Tr. 107-108].
B. MREC Regulation of Real Estate Profession Janet Carder, the Executive Director of the Missouri Real Estate Commission (MREC) testified as to the approach of the MREC to licensing of real estate professionals. She stated that there are two categories of individual real estate licenses issued in the state of Missouri, real estate broker and real estate salesperson [Tr. 191192]. She testified that she knew of no reason why the KCPA principals, Tiffany Lewis and Ryan Gran, could not apply for salesperson licenses [Tr. 199]. To qualify for a 3