Gordon A. Gundaker Real Estate Co. v. Missouri Real Estate Commission

KAROHL, Judge.

The Missouri Real Estate Commission appeals a trial court decision in a declaratory judgment action declaring the Gundaker Real Estate Company’s “Ten G” sales incentive program not to be in violation of either § 339.100.2(12) or 4 CSR 250-8.070(5)(A), (B) and (C). On appeal, the Commission argues the trial court erred because this program: (1) uses prizes or money to induce agents to secure customers who may purchase, sell or *468list property when the award of said prizes or money is contingent upon the purchase, sale or listing of the property, (2) is a lottery because the selling…