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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Missouri on
Q: Just because I didn't record my contract for deed in Missouri does that mean it is not valid
Anthony M. Avery
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answered on Dec 5, 2023

It does not make it invalid, but it is still only a lease with option to purchase. It is not a deed.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I bought a freestanding garage from my neighbor she sold her house 10 days later and now the people who bought the house

They think they on the garage because I did not record my deed and they did but my contract is 10 days prior to theirs with a signed Witnesses two of them and also a notary public

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

If you didn’t record the document then the new purchaser was not on notice. I therefore think you’d lose in court.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We have acreage in Wayne County, Missouri - there are 3 siblings who need it divided up - my question is what has to hap

happen if one of the siblings will not agree to divide it up or pick their part? We are all elderly and need this taken care of quickly. Thank you

Anthony M. Avery
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answered on Nov 27, 2023

A Sale For Partition action will need to be filed. Hire a competent MO attorney.

1 Answer | Asked in Real Estate Law for Missouri on
Q: If I will my house to my children and the mortgage is not paid off and my children are unemployed what happens?

Can they assume the mortgage if they find a way to make the payments?

Anthony M. Avery
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answered on Nov 27, 2023

If the note is not paid, foreclosure will occur. Most mortgages/deeds of trust contain due on sale clauses which prevent a transfer without the lender's consent. Children will need to request to be on the note and also pay taxes/insurance. With a will, probate will be necessary.

1 Answer | Asked in Insurance Bad Faith, Contracts and Real Estate Law for Missouri on
Q: Hello i am in Missouri and im looking for a lawyer to go after my home owners insurance for acting in bad faith

and breach of contract i had a lawyer but they say now they don't have the manpower to go to court so i need a lawyer that will

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2023

A Missouri attorney could advise best, but your question remains open for two weeks. You're seeking an attorney. Attorneys here can't offer their services, but you could supplement your online searches with the "Find a Lawyer" tab above, as well as attorney referral sections of... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I need a free or low cost lawyer................

Who handles sueing someone that sold my mobilehome without my permission an possibly criminal charges in california. Can you please give me some info on who can help me.

John Michael Frick
John Michael Frick
answered on Sep 26, 2023

You should contact a legal aid clinic in or near the county where you would like to file your lawsuit. For a variety of reasons, lawyers who provide pro bono services typically volunteer a few hours of time through their local legal aid clinics. The clinic staff screen clients to insure they are... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Re: Tenant rights in St. Louis. Can a landlord refuse to give you a one year lease forcing mo-mo tenancy?

Our building changed owners in June. The new owner has refused to provide a new one year lease, keeping us on mo-mo tenancy. Is this legal? It's uncomfortable knowing he can kick us out with 30 days notice. He has done some work in the building and now the unit type we moved into 18 months... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 5, 2023

I suggest you hire a local attorney to review the prior lease and see how if affects the situation. In general, a landlord is not required to renew a lease, but it's unclear from your post whether the prior lease expired.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Is my lease legally binding in St Louis MO before I move in?

My girlfriend and I are moving to St Louis Missouri. On 07/10/23 we signed lease for a year with an apartment building starting 08/26/23. On 08/17/23, we called the building to confirm the details of the move, but the building manager informed us that unfortunately due to a mistake, our room will... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 25, 2023

It’s not a matter of breaking any law but rather of breaching the lease, a contract. You may sue for breach of contract to recover actual damages or for injunctive relief.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Is it legal for a builder to cut across our property line to build a driveway?

He is trying to build a driveway through our property across our property line and part of our driveway Then he claims we have to move a shed 6 feet back from his property line we live out side city limits he is being a real jerk. I read the shed only has to be 2 feet from the side of the property... View More

Anthony M. Avery
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answered on Aug 7, 2023

Hire a competent MO attorney now to file suit for a Boundary Dispute, Restraining Order, and damages. Both titles must be searched and you will need a Surveyor to testify to the boundary.

1 Answer | Asked in Construction Law and Real Estate Law for Missouri on
Q: Hello, I recently purchased a new construction home and the builder is completely ignoring my warranty items.

They are not responding to my calls or emails. Do you have any advice on what I should do next?

T. Augustus Claus
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answered on Aug 2, 2023

If your new construction home has warranty issues and the builder is unresponsive, follow these steps:

Document the problems with photos and descriptions.

Review the warranty contract to confirm coverage.

Send a certified letter to the builder outlining the issues and...
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1 Answer | Asked in Real Estate Law for Missouri on
Q: Neighbor refusing to pay HOA fees
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 30, 2023

You didn’t ask a question. The HOA can sue the neighbor for not paying the fees.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: Do ALL property rights pass on to children as heirs if no deed was established prior to death?

Four years ago my grandfather died, without a will, and several family members and I became co-owners of land after probate court, including my uncle. Before anything was deeded, my uncle also passed away last year. My question: Does his share of ownership, as determined in probate court, pass on... View More

Anthony M. Avery
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answered on Aug 2, 2023

Hire a MO attorney to determine heirship. Then execute and record an Affidavit of Heirship as a source of title for the tenants in common. Remember someone has to pay taxes, insurance or a note.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Missouri on
Q: I have brought a new house in the last five months and it’s been nothing but problems water leaked, sewerage, electric

I have reach out the the realtor cause I didn’t buy the house as is all these problems was supposed to be fix and they are just giving me the run around what can I do cause I feel I have been taken advantage of

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 15, 2023

Schedule an appointment with a local attorney to review the sale contract and provide options. The mere fact that there are problems with the house doesn’t make the seller liable but perhaps you can prove a claim for failure to disclose defects.

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Q: If I believe I am being harassed out of retaliation (not employment related), would that be harassment or retaliation?

I have a previous landlord who is neighbors with my mother. He evicted us for breaking the lease (which we didn't) and has been harassing my mom periodically since. Most recently he has yelled at my 7 yo child for something that didn't happen.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 3, 2023

If he has threatened to harm the child seek and order of protection.

It takes a court judgment for an eviction. Therefore, if you were sued you should have had your day in court.

1 Answer | Asked in Real Estate Law for Missouri on
Q: In Missouri: We gave an investment company $30,000 to invest in real estate. We have no idea where our money went.

We were given no documentation, no updates. My spouse was told he was a "partner" but then fired. We requested the investment back and we have nothing. Is this lawful? Do we have a case?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 28, 2023

You need to have a consultation witn an attorney. There is a lot to discuss. The specifics of the agreement. Whether the investment was an unregistered security. Whether there investment was wiht an individual or business. Whether a judgment would be collectible. Too much money is at issue... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Missouri on
Q: My friend died but she owned a home w/her husband & children. The husband is trying to sell the house. Can he do that?

Kids names are on deed as well as the husband. Can he sell the home without the permission from the kids? Her kids are grown adults not minors, does that change the info you have answered?

Anthony M. Avery
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answered on Jun 22, 2023

An examination of the present deed, and possibly the title, is needed here. Even if it is a life estate/remainder deed, the surviving husband can still ask a Court to sell the minors' interests. It depends on the deed whether the husband and the kids took the deceased wife's interest,... View More

2 Answers | Asked in Real Estate Law for Missouri on
Q: Condo association fee question

We were just hit with a HEFTY condo association fee. We need to pay 3k in less than a month, or we will be fined. They are charging 3k per unit to fix the roofs, that they haven’t fixed in years. On top of this, we already pay 200 a month. It seems unfair to ask for so much money so quickly.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 5, 2023

That is a lot of money, but you've not asked a legal question. Perhaps you can finance the assessment, assuming it was properly authorized.

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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Missouri on
Q: My mom would like to put our names on the deed to her home. It doesn't have a mortgage as she has paid it completely.

How would I go about starting this process?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 2, 2023

There are a couple of options, depending on your mother's goal in adding you to the title. One option is a Beneficiary Deed, which transfers ownership of the property at your mother's death to the people designated in the deed. If, in the alternative, she wishes to transfer ownership... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Missouri on
Q: I bought land with my Brother, we own it 50/50, I live on the land, and tend to it, pay taxes on it, my brother doesn't

Do anything with it, doesn't live on it, doesn't pay taxes on it, I've offered to buy him out and will pay the amount he requested but he is avoiding me, is there anything legally I can do to make the process happen?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 6, 2023

You can hire an attorney and file a partition lawsuit.

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1 Answer | Asked in Tax Law and Real Estate Law for Missouri on
Q: Once a lien is placed on a piece of property, can the amount be changed by the company who placed the lien?

After a tax sale does purchaser have to pay all recorded liens? And can, the entity who placed the lien continue to add charges to the lien?

James L. Arrasmith
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answered on May 7, 2023

Once a lien is placed on a piece of property, the amount cannot be changed by the company who placed the lien unless there is a legal basis for doing so, such as an error in the lien amount. After a tax sale, the purchaser may have to pay all recorded liens on the property, depending on the... View More

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