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Questions Answered by Jennifer Sheila Kornblum
2 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: How can I get the seller to release the earnest funds in escrow after we cancelled the contract due to the inspection?

We have an inspection contingency in the contract and after the inspection came back with mold and other significant findings we decided to cancel the contract. The seller is not signing the release for the title company to release our funds. How can we get our earnest money back? Can the... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 13, 2019

Sometimes sellers can be frustrated when a contract falls through. As long as your cancellation of the contract was within the time provided by the contract you are entitled to return of your earnest money deposit. An attorney can help you with this issue.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can someone who does not own a property and does not have a real estate license prepare a contract for the buyer?

Looks as if a title company is writing the contract

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 5, 2019

Anybody can write a contract. However, to ensure it is enforceable and valid in your jurisdiction it is best to have a local attorney prepare it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: is there a missouri statute that allows the landlord, me) to set up a time to enter the property to plan repairs?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 5, 2019

Here is no statute that addresses this issue. It is normally covered in the lease. This is one reason it is a good idea to have an attorney draw up a lease.

1 Answer | Asked in Consumer Law, Real Estate Law, Collections and Landlord - Tenant for Missouri on
Q: getting sued for something I don’t have the title to anymore

I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 4, 2019

If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord will not fix my apartment. We went a1 1/2 weeks without the use of the bathroom now the floor is fixed

now the water doesn't work in the sink and no pressure in the shower. Mutiple other problem but that's a big concern should I pay him rent?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 31, 2019

All Missouri leases have an implied warranty of habitability. This means the landlord has to provide certain, very limited and basic, services in a rental. These include a working bathroom and heat source, for example. If you believe your landlord has breached the warranty of habitability, there is... Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Is it against the law for a landlord to accept rent money from a non-tenant (who was NEVER on the lease)?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 31, 2019

A landlord may accept payment from any source. Accepting payment from a third party should not affect the terms of the lease.

1 Answer | Asked in Real Estate Law and Civil Rights for Missouri on
Q: Excluding president thru Secretary do board members need to be voted in?

Treasure put 2 board members on reinstatement that were never voted on

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 29, 2019

The answer to your question will be in the operating agreement or bylaws for the entity the board serves. That is where procedural matters are determined. You should ask your entity’s secretary for a copy of that document.

1 Answer | Asked in Civil Rights, Foreclosure and Real Estate Law for Missouri on
Q: There is any possible way I can reverse foreclosure sale and get the house back if I pay the full amount ?

My ex husband passed away, we had 2 kids, we actually never get separated, the divorce was only on the paper. the lawyer said not to make payments on the house. The house went foreclosed. We still live in this house.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 27, 2019

If the house has been sold in foreclosure it belongs to someone else now. If the sale has not yet taken place you may still have a chance to stop the foreclosure. Bring every bit of the paperwork you have received to an attorney right away to find out where you stand.

2 Answers | Asked in Real Estate Law for Missouri on
Q: How to transfer ownership of my late wifes property to her sister.

My late wife and her sister own land in both their names. My wife passed away two months ago and her sister wants me to give my wifes half ownership to her which is fine. In Missouri since my wife and I had wills that leave all to surviving spouse without probate I am now half owner but how do I... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 24, 2019

How to transfer title will depend on how you and your wife held title. If you and your wife held title with right of survivorship you just have to show she is now deceased to make a transfer. You should have a lawyer look at the deed to advise you.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: I have a question regarding real estate

a fence outside our property line (Phelps County MO) was built 10 years ago when the subdivision was created. we have no HOA and the fence is actually in the easement of State Hwy O and our street, Fawn Ridge. Who is responsible for maintenance of the fence ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 4, 2019

Responsibility for fence maintenance should be in the documentation that created the easement. You can usually get these types of documents from a title company.

1 Answer | Asked in Landlord - Tenant and Small Claims for Missouri on
Q: Me and my family made a verbal agreement with our private landlord.

She told us she paid $700 a month and will take $80 a week off rent a month. Leaving us $400 monthly rent.

I just recently, after a year, found out she only pays $526 a month and is pulling one over on me. What should I do? We want to leave and not pay last months rent or utilities.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 4, 2019

If you do not have a written agreement your “landlord” has nothing to enforce if you move out. Just make sure there are no emails or texts that, if taken together, can show the terms of your rental. If there are, you should consult an attorney.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Missouri on
Q: In MO Landlord passed away 6 months ago. House is in foreclosure or probate.Idk which. Who is responsible for repairs?

I received a letter from an attorney telling me to pay the rent to a local bank instead of the landlords son, which I had been doing. I contacted the bank about the heater needing repair. They told me that since they don’t own the property they are limited in what they can do. Should I pay for... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 30, 2019

Missouri law provides a specific procedure for making repairs and deducting the cost from the rent. At the very least, you should notify both the bank and the lawyer IN WRITING of the habitability issues that need to be addressed and your intention to repair and deduct. For detailed information on... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My daughter has a mobile home on my land in Missouri. How do i evict her and her trailer.

My daughter and her husband have a trailer next to my house. There are constant drugs and people running in and out. The police are always showing up because of various reasons. They have stolen things from us, disturbed the peace, and even gotten physical. They have a 1 year old and 3 year old in... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 10, 2019

There are statutes that regulate eviction of mobile homes that you will need to follow. You really need to consult an attorney to make sure you follow the law so you can get them and their trailer out legally and permanently.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is there a specific type of lawyer to work with to draft a contract to give to someone to that owes you a large sum of $

Here is the situation: Currently the debtors are working with me, and agreeing to work out payment solutions including legal action if necessary. I want to make sure this next document\contract we sign contains the right words follows the right steps to allow me to collect should this go to a legal... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 9, 2019

Any contract attorney should be able to help you with this type of agreement. If the debtors breach the agreement you will still have to go through the court process but you can put in provisions that will give them incentive not to breach.

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Legally, can I do anything in Missouri to get her out ASAP if rent is already 5 days late? What's the process?

My tenant moved in one month ago. I chose her from multiple applicants only because she said she was ready to move in ASAP and assured me that she had all of the money required to move in. I live out of state, so my parents manage a lot of things for me.

Upon receiving keys, the tenant... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 5, 2019

A properly worded and lawfully prepared notice can give her three days to either pay in full or move out. If she fails to do either you still have to go through the eviction process. You should consult an attorney

2 Answers | Asked in Real Estate Law for Missouri on
Q: Is my title company my advocate if it is holding monies paid by the seller before closing?

The seller gave the title company monies to hold for the install of a septic system to be done after we closed. A company, Earth 1st., came, did the work and left without talking to me. I called them a week later to ask them when to expect them to come to finish the work and was told they were... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 1, 2019

Generally speaking, a title company does not act as an advocate at all. It is a neutral third party to a transaction. If there is a disagreement about funds held in escrow, you should talk to an attorney about how best to reach an agreement on disbursement.

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2 Answers | Asked in Civil Rights and Real Estate Law for Missouri on
Q: My nephew lives with my mother in a house I purchased. He pays for nothing. What will it take to get him out?

My mother pays for insurance and taxes only. There is no rental agreement for my mother or my nephew. My nephew receives mail at the house, is there some implied agreement? Mom health is failing, what will it take to get him out if he refuses to go when the time comes?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 27, 2019

This situation may be more involved than you would think. There are legal procedures in place to evict tenants, but it can be more difficult to evict squatters. You may want to get your nephew paying some nominal amount now, so he can be considered a tenant when the time comes. You should consult... Read more »

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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I am trying to catch up on my rent and have paid alot to it my question is can she add my balance even higher tocatch-up

Add late fees on to balance

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 27, 2019

The terms of your lease will control this situation. If your lease provides that there are late fees or administrative fees charged for late rent, the landlord may accrue those fees.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can a member of your llc rent out a property owned by the llc?

Can a member of your llc rent out a property owned by the llc?

Just started a membership llc and working on building inventory when a member expressed interest to rent out one of the newly acquired properties by the company. Can that member rent the property just like if it was a normal... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 25, 2019

A member of the LLC can rent just like a normal tenant. How it would affect taxes is a better question for your accountant.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?

Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?

In learning about the legal world it is all about the language or how something is written, of wills, and any sort of contractual document. My question is: Is there any... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 25, 2019

You can include any language you want in the contract. But in order to garnish wages or attach an account you have to have a judgment. That requires an action filed in court.

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