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answered on Mar 20, 2023
One should be able to go straight to closing, however, all of the same pre-closing due diligence should be first conducted despite there being no contract: title search, survey, inspections, appraisal, etc.
I have a tenant who filed a small claim summon against me for charges related to the security deposit I deducted due to property damages. I received the summon but the court date is in less date 2 weeks and I wanted to send a response to the Judge to look at before the court date. This is in Saint... View More 
answered on Mar 8, 2023
You may file an answer to the petition. Be sure to serve the plaintiff with a copy. The judge is unlikely to read your answer prior to a small claims trial, however.
Need advice
answered on Mar 4, 2023
You should ask a question if you’d like a response to get you started in assessing the situation.
Inspection report. Also, the previous owners said they lived in the house for last 3 months. Never happened. The shower drain wasn't even hooked up! All the water drained right into the foundation which literally has dust as mortar! The foundation started failing immediately after I moved in.... View More
answered on Feb 28, 2023
Based on the limited information provided, you could possibly have an action for failing to disclose known defects against the sellers of the property. In such an action, you would have the burden of proving that the sellers knew of the defects in the foundation and knowingly failed to disclose... View More
We have an extensive agreement we’ve put together. As we are closer to signing and finalizing he mentioned renting the home to another party and not doing repairs until he pays the balloon note. I’m uncomfortable with this notion. Is it legal? Can they be landlord and not live in the dwelling?
answered on Feb 13, 2023
Your questions are fact-specific and depend upon the written terms of the contractyou executed. If this is important enough to you, hire an attorney to review the contract. In general, I landlord certainly does not need to live in the rental premises.
answered on Feb 3, 2023
A Missouri-licensed attorney may represent an HOA. Missouri does not require specialization.
Had another real estate agent calling clients that I had worked with and telling them that I had retired and that I had referred them to her. I’m concerned that this is affecting my business.
answered on Jan 31, 2023
If you can prove that such a statement was made and you can prove that you were financially damaged and if you are willing to pay an attorney to file suit for you, go for it. Also, make sure the other agent has insurance or funds to pay any judgment you might obtain.
answered on Jan 31, 2023
It’s not a matter of legality but rather of the enforceability of such a provision. The enforceability would depend upon the facts, including the geographical and temporal scope of the provision.
answered on Jan 16, 2023
If you have proof that the seller knew of the problem and failed to disclose, you could have an attorney assert a claim for violation of Missouri's Merchandising Practices Act (MPA). That's Missouri's consumer protection statute. On my website, there is an article you might find... View More
Hello. Around 5 months ago a friend of mine contacted me (he was homeless) and asked me if him and his GF could come stay with me for a few weeks at my house I own. I said sure. They have now been here 5 months, refuse to get a job, have never paid any money in rent and do not have any kind of a... View More
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answered on Jan 4, 2023
It is civil jurisdiction only. Hire a MO attorney for this problem eviction action for possession. It may require physical removal by LEO's later. Do not get in a fight or they will have leverage on you. Do not do this yourself.
The house is currently in the foreclosure process but the attorney for the mortgage company said I should still have time to try and sell. How do I get the house put in my name? What documents will I need? Should I get a lawyer?
answered on Jan 3, 2023
First and foremost, I am very sorry for your loss.
As for the house, even though your parents did not have wills, you can start a probate action to be appointed the personal representative of each of their estates. As personal representative, you will have authority to offer their home for... View More
answered on Dec 31, 2022
Serve them each with a notice to vacate and if they don’t leave have an attorney file an unlawful detainer case.
Divorce decree said proceeds to be split upon sale of house but did not specify a sale date.
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answered on Nov 14, 2022
The most direct remedy is file an Action for a Sale For Partition.
Has retained an attorney. They have a contingency. What can they sue me for?
answered on Nov 3, 2022
They can sue you for specific performance to force the sale or for breach of contract. If they end up selling to someone else for less than your agreed upon price, they'd have a good claim for the difference as damages. Plus, under your contract you may end up on the hook for their... View More
MO has a Reverse Mortgage Act. I was reviewing Section 443.903 - Reverse mortgage regulations. (6/4/1997), specifically these statements: 6 (c) The lender's right to collect reverse mortgage loan proceeds is subject to the applicable statute of limitations for loan contracts. Notwithstanding... View More
answered on Oct 25, 2022
The answer to your question is in the reverse mortgage paperwork your mother signed. The statute of limitations, which is the statute you cite in your question, is a different issue altogether. That is just the time period in which a lawsuit may be filed. Under the circumstances, you should have a... View More
There is no actually proof that the HOA in question is real. In fact just a bunch of peple who put a gate on a county road? However only one individual has reached out and he is the only one filing and not even the owner of the property that is in question?
answered on Oct 24, 2022
A Missouri attorney could advise best, but your question remains open for three weeks. Their rights could depend on what the suit is for - accident, property damage, etc. If you believe you could be sued for a legitimate claim, you could try to arrange a brief consult with a local attorney to... View More
My house was getting foreclosed on. My dad and brother came together and got me enough money to not lose it. I am in the process now of getting my ex to sign the deed papers to get his name of it so I can make sure he is not entitled to anything nor has any say so. My kids father has not lived... View More
answered on Sep 16, 2022
There are a lot of moving parts here and a lot at stake. Respectfully, with all the people and assets involved this is not an issue that can be resolved in an online forum. I strongly advise you to seek the advice of an attorney to sort it all out.
House was fully remodeled not up to the code.
answered on Sep 18, 2022
The issue of whether you should pay to repair your home is different from whether you might be able to pursue a claim agains the seller or home inspector. I assume you are referring to an inspector whom you hired. Home inspection contracts are generally terribly one-sided in favor of the... View More
The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was... View More
answered on Oct 1, 2022
A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by... View More
My fiancé moved out 8 years ago due to an abusive relationship. I’ve had full custody of our 4 kids ever since then. He made 3 years of payments on the house while we were together, but I’ve made the last 8 years of payments by myself. I’m wanting to sell my house and move soon. Is my ex... View More
answered on Sep 3, 2022
There are a couple of considerations you need to make in order to answer your question. First, the loan you and your ex have is with the mortgage company. That lender is not invested in your personal situation and is just interested in 1) whether the mortgage payments have been made, and 2) that... View More
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