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Missouri Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Missouri on
Q: In mo, well on lot A is shared with lot b. There is no well agreement. Can Lot a owner disconnect the well from lot b?

Property is a lake lot for sale in missouri. Seller, who owns the well, has no agreement with the property next door to use the well. Property owners next door haven't paid the bills for water. Can the owner of the well disconnect/shut off the water to the next door property legally.

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I would like to add a name to a deed. How can this be done with a POA

Property belongs to an elder person and they would like to add a name.

Anthony M. Avery
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answered on Jul 18, 2024

Hire a MO attorney to talk to the owner and see what they want to do. The deed can be of many different estates. It is not simple and must be correct to actually transfer an enforceable interest, which will be contested at the grantor's death.

0 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: In need of a lawyer that has experience and knowledge on the Missouri Realtors Residential Sales Contract.

Specifically Line 27. I have been told the realtor has the legal right to sell, or freely give any and all information pertaining to both the seller and buyer, to anyone they desire. With no limitation. If this is incorrect than I would like to speak with you regarding further action.... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Significant loan made to contractor to purchase land and build homes 4 homes. Money spent, homes not completed.

Significant loan made to contractor to purchase land and build homes 4 homes. 3 of 4 homes in different stages of build. Estimating 1/2 of loan funds spent on those homes, yet contractor stated they were out of funds. I decided to hire a lawyer to foreclose on the properties knowing I... View More

Anthony M. Avery
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answered on Jun 18, 2024

If you are lender on a Note secured by a Deed of Trust, then foreclose on the collateral parcels. When a note deficiency occurs then sue borrower on that deficiency. If you are found to be a full fledged partner, then you are possibly liable for the partnership debts, but it will be a hard... View More

1 Answer | Asked in Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Served an unlawful detainer by plaintiff that obtained a deed 2 my home from a man who obtained a collectors deed illega

County collector issued a collectors deed to a purchaser illegally. It was a 3rd offering sale but staff at cty. office lied and said it was A post 3rd year sale denying me my 90 day redemption period. Also it allowed that purchaser to sale the deed to a third party whose now served me with an... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with your home. Based on what you've described, it seems there may have been serious legal errors and improprieties in the tax sale process that resulted in your home being wrongfully deeded to another party. Here are a... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Can a county collector change a 3rd offering auction into a post 3rd year auction in just four days past the sale date?
James L. Arrasmith
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answered on Jun 13, 2024

In Missouri, the process for tax lien sales and auctions is strictly governed by state law. A county collector must adhere to specific timelines and procedures established by the Missouri statutes. Changing a third offering auction into a post-third year auction just four days past the original... View More

1 Answer | Asked in Tax Law, Real Estate Law, Constitutional Law and Gov & Administrative Law for Missouri on
Q: Can a county collector change a 3rd year tax cert. sale into a post 3rd yr. Sale 4 dys. After auction ?

Can a collector take you off as the payee of your real estate tax and apply it to different person's account?

James L. Arrasmith
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answered on Jun 13, 2024

The actions you describe may raise serious legal concerns. Typically, a county collector should not have the authority to change the terms of a tax certificate sale after the auction has concluded. If the rules of the auction were altered post-sale, this might violate established procedures and... View More

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Missouri on
Q: I co-own a house in Missouri. Are there any procedures for kicking out a 3rd party not on the deed or a lease/contract

The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?

James L. Arrasmith
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answered on Jun 21, 2024

Here's a general overview of the situation:

1. Establishing tenancy:

In many jurisdictions, including Missouri, a person can establish tenancy even without a written lease or being on the deed. This can happen through verbal agreements or by the property owners allowing the...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Missouri on
Q: Can we subtract cost to fix contractor's mistake from final invoice or do we have to pay and then sue for reimbursement?

Just closed on new construction home and moved in with verbal agreement with contractor that he would fix drainage issues in yard. Two attempts to correct were unsuccessful. Photos and email sent to contractor showing water still pooling. No response. We contacted reputable landscape/excavation... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 1, 2024

A lot of money is at issue. Have an attorney read the contract and do a consultation. The answer to your question is “it depends.” If you pay then sue you may face an affirmative defense of the “voluntary payment doctrine.” But there’s a type of claim to which case law holds that... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I am 2nd grantee on a quitclaim deed the 1st grantee past away, can I take possession of property
Anthony M. Avery
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answered on May 28, 2024

There are many different forms of estates, so just being one of the named grantees in a deed does not define your title. Contact a MO attorney to review the deed and determine ownership. But it sounds like you both own something and have a right of possession.

1 Answer | Asked in Real Estate Law for Missouri on
Q: a Missouri real estate agent sold us a property with a new septic system in the contract. There is no new septic system.

A Missouri real estate agent sold us a property and a new septic system was in the contract. They failed to provide a new septic system and the one we have is failing. The agent sent a text with a list of pending repairs that included a new septic system. All of these repairs were to be finished... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 19, 2024

Hire an attorney to review the contract and provide an assessment. The fact that you unwisely waived the walkthrough may present a problem.

Make sure the attorney is familiar not only with real estate law but also Missouri’s consumer protection statute, the Merchandising Practices Act (MPA).

1 Answer | Asked in Real Estate Law for Missouri on
Q: Sellers did not disclose any history of floods, drain issues in basement. We closed on the house, 9 days in and flood!

The entire basement floods. Half of the trim we had to pull off was foam that looked like wood. The threshold into the bathroom is missing (we know why now) and we saw previous moisture damage near the back door. The drain outside is obviously not working, the plumber can’t find where it leads... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 30, 2024

Unfortunately, your question is one I encountered too often. I suggest you schedule a consultation with an attorney familiar with Missouri's consumer protection statute, the Merchandising Practices Act (MPA). The MPA potentially provides for better damages, such as punitive damages, and... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for Missouri on
Q: How can I prove I was the beneficiary?

My cousin took the will and put her name on the account so I would not have access to anything

Kelisen  Binder
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Kelisen Binder
answered on Apr 24, 2024

You should open a probate estate in the county where your loved one died. If a will exists, you can file that will with the Court to inform how the estate should be distributed. Without more information I am unable to give any more specific advice. What account? Who is the deceased?

1 Answer | Asked in Real Estate Law for Missouri on
Q: My brother and I own a house.He pasted away.Is his daughter part owner of the house now.? There was no will.

The deed is in my name and my brother's only.What is his daughter's rights? The house is located in St.Louis City Missouri.The house is vacant.No one is living there.I plan to sell the house.Not in propate

Anthony M. Avery
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answered on Apr 24, 2024

Daughter will be an heir at law, and there may be other heirs. Hire a MO attorney to search the title and determine ownership.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for Missouri on
Q: Must a land owner provide a vehicular ingress and egress tqo a piece of landlocked property ?

Does Missouri law not state that if your property is landlocked and you have no means of gaining access that you have the right to a vehicular ingress and egress ? Even in a private subdivision . The board of trustees has told me I am banned from driving in on their roads to get to my property... View More

James L. Arrasmith
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answered on Mar 21, 2024

In Missouri, as in many other places, if your property is landlocked, you may indeed have the right to vehicular ingress and egress. This is generally intended to ensure that every property owner has access to their land. The specifics can vary based on local laws and the exact circumstances of the... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Missouri on
Q: My mother passed away & we were co signers on our home. Family member got POA on mom n sold our home. What can I do?

My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I just came into session at 4 acres of property in Missouri how do I remove someone from the property

I co owned 4 acres of property in Missouri with another person that person recently died in the property came on his son has been saying all the property refuses to leave

Anthony M. Avery
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answered on Mar 5, 2024

If the Decedent's heirs are on the property, you cannot sue a tenant in common for possession. They will have the same rights as you. However hire a MO attorney to file an action for Partition. Either all TICs will get paid out, or you might buy the other's interests out and have... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Missouri on
Q: I own a home in Missouri. My mother gave me the money to purchase my home. Only my name is on the title.

My wife left me over a year ago and moved in with her mother. She has all her mail forwarded to her mothers address where she lives. I am trying to sell my home where do I stand legally? We are still legally married, can she fight me on selling the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 22, 2024

The short answer is that your wife's signature will be necessary to sell the house. Depending on the circumstances, she may or may not be entitled to "block" you from selling the house, but her signature will be necessary because of your marital status.

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I am a beneficiary of an Irrevocable Trust in Missouri and have a question I need help with.

In the Trust document the Grantor lists a real estate property with the title shown under the name of her single owner LLC, with the intention that real estate property, on her death, would be inherited by me and my brother, who is now Successor Trustee. Title was, and to date, has never changed... View More

Anthony M. Avery
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answered on Feb 20, 2024

Hire a competent MO attorney to search the title and draft the deed out of the LLC. He will have to abide by MO LLC Statutes and probably have all successors in interest of the LLC convey as grantors as well as the Successor Trustee, which must have precise language to be enforceable. Make sure... View More

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