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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Missouri on
Q: IN missouri, If home is titled "husband and wife" is this the same as tenants by the entirety?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 24, 2022

In Missouri, a married couple taking title as husband and wife are taking title as tenants by the entirety.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: If you are fairly certain that a seller lied on the disclosure form, is there any action you can take against them?

We are in the process buying a new house. This home was listed as being an “as is” sale. We had a home inspection preformed for our protection as it’s an 110 year old farm house. The listing stated the product had a septic system. The inspection revealed there is only a discharge pipe that... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 24, 2022

It is unclear from your post whether at this point you can back out of the sale. If the seller's disclosure statement is inaccurate but you are aware of the issue and still go through with the sale, you may face a challenge, if you were to sue, proving that you were damages as a result of the... Read more »

0 Answers | Asked in Divorce and Real Estate Law for Missouri on
Q: Which comes first? My ex-husband getting my name off of the home loan or me signing the quit claim deed?

Divorce was final 4 years ago. The decree states he's supposed to refinance into his name only and I'm to sign a quit claim deed. He says I have to do my part first. I don't want to because he's over 500 Days delinquent on the loan and this is not the first time. I'm happy... Read more »

0 Answers | Asked in Real Estate Law for Missouri on
Q: I know someone selling a property by owner. There is a tenant in the property. Someone did a drive by shooting....

....targeting the tenants son. Does this have to be disclosed to the new owner? The current owner is in the process of evicting the tenant just to be assured that this does not happen again.

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Q: What is the time limit to go thru probate

My mother died in 2008. Her house/minimal estate has never gone through probate. My brother neglected the house and moved out in 2020. I want the house and need to know what if any action I can take. Her home was paid in full. At one point there was a will but he told me it was lost and never... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Seller lied on discloser, can I sue for damages?

foundation issues also not revealed. Also our agent failed to alert us other issues that would have been unacceptable. We were coming from out of state ready to move in. We canceled the contract, however we now needed to find temporary housing while looking for other property to buy costing us... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 3, 2022

You indicated that you are in Florida, but your post is in the Missouri forum. I will assume that you were going to move from Florida to Missouri and not vice versa.

You should meet with a Missouri attorney experienced in failure-to-disclose litigation concerning real estate contracts....
Read more »

0 Answers | Asked in Civil Litigation and Real Estate Law for Missouri on
Q: Can one condo owner sell all of the common areas?

We just found out after purchasing our condo that one of the other owners sold the common areas. Is that legal?

1 Answer | Asked in Real Estate Law for Missouri on
Q: Are there any qualifying reasons a buyer can back out of an accepted real estate offer without negative consequences?

My daughter, her husband and their three children live in Nevada, and they made an offer on a home In Missouri. The seller accepted the offer and escrow is scheduled to close in mid-January. They got hit with huge medical bill for their son, and they no longer have the down payment. They advised... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 18, 2021

The buyers should have a Missouri attorney review the contract right away. There may be unexpired contingencies that would provide a proper basis to terminate the contract. For example, financing and inspection contingencies.

If the buyers breach the contract the sellers can sued for...
Read more »

1 Answer | Asked in Divorce, Real Estate Law and Civil Litigation for Missouri on
Q: Partner and I are done. Both share everything. She wants house. Do I get half of equity? Not married

Partner and I are separating. We share bank accounts and all bills. She wants to keep the house and I'm fine with that. But we have built equity and as far as I'm aware, I get 50 percent when my name comes off of it. Is this correct and if so, what's next? Thank you.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 2, 2021

The answer depends on A) how you and your partner hold title to the property and/or B) how you and your partner agree, in writing, to split the proceeds of sale of the property. The answer should be covered by A. As long as you are both on title as owners of equal shares, you will split the equity... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Do I have a time limit when it comes to filing a correction deed after a property I have 1/2 interest in has been sold?

The Quitclaim Deed I filed that needs to be corrected states; 'I am giving 'ALL INSTEAD of 1/2' which is the actual interest in the property I have. I did not intend to do that but when I noticed I felt confident the sale would not go through. I guess I am not positive it did, all I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 29, 2021

Yes there are time limits. Hire a competent MO attorney to file suit to reform the deed today if needed. If you intended to convey your entire interest whatever it was, then you do not need to correct anything, as it has already been conveyed. If it had been a warranty deed, and you only had... Read more »

1 Answer | Asked in Real Estate Law and Civil Rights for Missouri on
Q: how do I tell if i have a lien on my property in missouri, cass county?

If i have a civil judgement, but the loan is strictly in my wifes name, but being married my name is on the deed, will that judgement money be taking out of the sale of the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 16, 2021

To see if the judgment has been filed as a lien against your house, you can ask a title company to run a property profile or a preliminary title search on your home. That will reveal if the lien has been filed. If so, and the house is in both your name and your wife's, it is likely the lien... Read more »

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: My brother died and his real estate was TOD to me. MO Social Services asks if he owned real estate at time of death?

I'm filling out the MHD Estate Recovery Questionnaire. How should I answer that question, yes or no? Thank You!!!

Lloyd M. Nolan
Lloyd M. Nolan answered on Nov 9, 2021

This is a tricky issue as the Missouri Department of Social Services has extensiver powers as a "taxing authority" to avoid non-probate transfers where the decedent owed a State debt - typically when the decedent was receiving Medicaid benefits. Due to the sensitive nature, I would not... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: I got a notice that my lease was being terminated at the mobile home park where I have lived for 10 years. What can I do

The current property manager clearly has a problem with me as she continually writes me up for ridiculous violations, but doesn't write up other homeowners for the same violations.

The Notice was dated 11/2 and says my lease will expire 11/30, and I have 60 days to leave the premises,... Read more »

Robert Grant Pennell
Robert Grant Pennell answered on Nov 18, 2021

Unless you have a current written lease with a specified term, you are a month-to-month tenant. You indicate that you have lived there for ten (10) years, which suggests that you likely don't have a current written lease agreement. To clarify, I am not talking about a written lease that you... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: I'm a landlord of a rent to own agreement my tenants are constantly late with their rent payment.

Can I renew the rental agreement just to renting only without the option to own and what documents do I need. State of MO.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 30, 2021

Your original contract governs during its term unless both sides agree to amend it. If your tenant won’t agree to an amendment and is breaching the lease then you are free to sue for rent and possession or breach of lease.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Missouri on
Q: Ended rental lease. Found new tenant. Did walkthrough, owner found zero damages. Am I entitled to security deposit back?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 19, 2021

Here's the text from Missouri's security deposit statute:

535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit...
Read more »

1 Answer | Asked in Real Estate Law and Divorce for Missouri on
Q: From Missouri…Does my ex have to split a mortgage company refund check made out to him only? More info below…

My ex & I are recently divorced. We sold our home, it was financed in his name only but titled in both. Do we split a refund check from the mortgage company made out to him only? I certainly hope so because my income was used the whole time to make the mortgage payment. Please advise, I... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no general rule in real estate pertaining to this situation. This issue should have been addressed in your asset split in the divorce. Your family law attorney should be able to answer this question, or the answer should be in your marital settlement agreement.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We’re in Missouri on a farm. We want to put up a permanent property line fence on our south border to hold livestock.

Our neighbor refuses to pay half, says he does not have the money and doesn’t need a permanent fence since his stock is trained to electric fence. Said he will just go back 10 foot and install his electric fence. Is that a way to avoid paying his half of costs ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no legal requirement that neighbors who share a property line share the cost of installing a fence.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a neighbor sue the HOA for them putting a lien on the property over tree trimming in this case?

My HOA president is verbally saying that townhouse owners are responsible for tree trimming. The "community handbook" I was provided when I purchased the townhome 3 months ago very clearly says the HOA is responsible if the tree is 5' away from the unit. The covenants are vague and... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 21, 2021

Anyone can sue for anything. The neighbor could sue for slander of title regarding the lien. There is no guaranty that the neighbor will win, however, and I have a hunch that the HOA's declaration has a one-sided attorneys' fee provision. That means if the HOA wins in litigation it can... Read more »

1 Answer | Asked in Car Accidents and Real Estate Law for Missouri on
Q: the neighbors tree is encroaching into our parking area. It’s a huge sycamore tree. Are they liable if it falls on car?

the sycamore is huge. We have only been in the condo for two years. They were going to cut it but decided to have us pay for it.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 18, 2021

They are liable if the tree falls, you sue, and you prove negligence. For example, is the tree dying or is it just large?

1 Answer | Asked in Real Estate Law for Missouri on
Q: A purchase agreement contract has been signed by both parties for real estate, can the seller change their minds?

A purchase agreement contract has been signed and turned in to the title company. The buyer had to pay for a land survey. The land turned out to be 28 acres instead of 20 acres. Can the seller change the price already agreed upon for the acreage?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 16, 2021

This appears to be a large enough issue to warrant hiring an attorney to review the sale contract.

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