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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Missouri on
Q: The seller didn’t respond to resolution of unacceptable condition amendment till the 7th day and just sent a cancelatio

This seams illegal and in fair to just wait the 7 days and not respond and just send cancel request . Do I have any recourse to make this contract still stand?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 25, 2020

The answer to your question is in the contract language. If you used the forms prepared by the Missouri Association of Realtors, the time to send the Inspection Notice and receive a response (including cancellation) is contained in paragraph 7D. If you are unsure, have a lawyer look over the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Can a buyer walk away from buying our house when contracts have been signed?

We had no contingencies and it was an all cash offer, but the buyer has not provided proof of finances. Buyer also gave us two weeks to move out, so movers have been hired, a new house has been purchased (contingent on current house selling), and suddenly buyer has gone quiet and is unable to be... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 24, 2020

Go see an attorney to discuss filing suit for specific performance or breach of contract. Based on the facts that you described it sounds like you could assert strong claims. A good attorney will help you assess practical considerations, however.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Which form do I need to fill out in order to add my spouse onto the deed of my house?

If I was single when I purchased the home, do I list single for the seller and then put married for the grantee section so it matches the original deed?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 5, 2020

If you are making no other change than adding your wife, use a Quitclaim Deed. Grantor is you, no marital status necessary. Grantee is you and wife, husband and wife.

2 Answers | Asked in Real Estate Law for Missouri on
Q: I recently purchased a 3 bedroom home in St. Louis County. I was informed after closing that it is a 2 bedroom.

It has a lower level finished basement with bedroom, now needing an egress window. My resale value down. Home was remodeled in 2012 and listed/sold 3 times as a 3 bedroom, until it was brought to my attention Any recourse for this misleading listing? Thank you

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 29, 2020

Potential recourse would be a case under Missouri's consumer protection statute, the Merchandising Practices Act (MPA). The MPA allows the court to award attorneys' fees to the prevailing party. Therefore, some attorneys will file MPA cases on a contingency basis rather than charging you... Read more »

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Am I within my rights to install speed bumps on a shared driveway easement that runs through my property?

Delivery drivers and some visitors of neighbors are driving too fast and it goes through my yard.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 14, 2020

Depending on the language of the easement itself, you are probably able to make improvements to the easement. Whether that includes installing speed bumps will depend on the language of the document and whether the other easement holders agree. You should have an attorney review the language of the... Read more »

2 Answers | Asked in Real Estate Law for Missouri on
Q: My husband and I are wanting to walk away from a home we were wanting to purchase after the 2nd inspection failed.

They failed for electrical and plumbing. We were supposed to close a day later. The seller claims everything is now fixed before closing but they made this same claim before we paid another 100.00 for the 2nd inspection. What can they get from us as they say they will sue us? We put no money... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 12, 2020

They could sue you for specific performances to make you purchase the home or they could put the home back on the market, eventually sell to someone else, and sue you for the difference in your price vs what they end up receiving, plus holding costs, plus interest and probably attorneys fees. You... Read more »

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can you do you a quit claim deed on a VA loan

My daughter is getting a divorce her soon to be ex-husband is in the military she is wanting to keep the home however she cannot afford to refinance right now her husband is just wanting off of the loan

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 8, 2020

A quitclaim deed only transfers your rights to a property. It will not transfer your obligations, including obligations under a mortgage.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I m a married woman. I bought a house in my name only with my inheritance. the money was deposited in an account in my n

The money from the inheritance was deposited in an account in my name only. Do I have to give my husband half the money from the sale of the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 2, 2020

You should carefully review and track your inheritance with the help of a family law attorney. They should be able to confirm whether it will constitute your separate property.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My husband and I have lived with a friend for the last 14-15 months. There's a small apartment area attached to th

We've lived with this friend for 14-15 months. The little apartment attached to the garage only has a toilet and sink. We cook with askillet or hot plate. We also go to our friend's house to take a shower because there is none in this apartment area. Back in July, me, my husband and our... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 2, 2020

You should have a lawyer review the document reflecting the agreement with Merl to see if it would qualify as a will. If so, you can probate it in court to enforce his wishes.

1 Answer | Asked in Real Estate Law for Missouri on
Q: What can happen if a seller doesn't move out after closing?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 30, 2020

File suit for breach of contract and unlawful detainer.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have signed a lease with a move-in date of 09/15/2020, however they did not conduct an inspection until 09/16/2020.

The landlord did not make sure that the property was deemed habitable before my move in date. They are now wanting me sign a revised move in date change lease and I refuse and want my money back.

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 20, 2020

It ua necessary to review the whole contract to know whether it can be rescinded. However, it is worth mentioning that the Covenant of Habitability is part of a lease agreement. You contact a housing attorney. Good luck!

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: Does an unsigned revised lease with modified move-in and move-out dates make the original lease null and void?

I was rushed into signing a 2 year lease agreement via docsign without seeing the property first (although I requested to see it and they ignored my request). After viewing the property, my child had an allergic reaction to the carpet and things were not in good standing at the property. Was not... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 20, 2020

You are in a bad position. The fact that you felt rushed and chose to sign without seeing the place is an explanation but is legally irrelevant. You chose to sign nonetheless. If you were not to pay rent and get sued then a court would likely find that the signed lease controls. You’ve raised... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My understanding is that the CDC moratorium as of 9/4/2020 would make an eviction impossible until December 31st 2020.

I'm month to month paying 1/2 rent on 5thand other half about 2 weeks later. Lived here 13 years.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 11, 2020

The would depend upon whether you satisfy the requirements and submit the required affidavit under penalty of perjury. Also, if you are month-to-month and the landlord chooses to terminate, then you could still be sued for unlawful detainer, as opposed to rent and possession.... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: How does someone just sign over a deed to a property to someone else in missouri?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 24, 2020

Real property can be transferred by a properly prepared deed that is notarized and then recorded in the county where the property is located.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Missouri real estate question Small claims possible for unperformed repairs?

Addendum after inspection we asked for licensed qualified contractor to expoxy inject and add carbon fiber strips where needed to repair crack in foundation.

The sellers response section says "will add carbon fiber strips"

This partly creates an issue as to if they need... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 21, 2020

An attorney would need to read the contract to give sound advice. It might be that you could plead a strong claim for breach of contract or violation of the Merchandising Practices Act. Before you sue, you should be aware whether you contract has language that would put you on the hook for the... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Estate Planning - Joint tenancy when buying a house

wife buying a house and title company forgot to put it in joint with husband in MISSOURI. Is there any consequences tax wise or any other way if it isn't in joint? I was told he would have 50% vested interest in it anyway in Missouri.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 19, 2020

If you are identified as husband and wife in the deed, Missouri treats it as a tenancy by the entirety, not joint tenancy. If husband is not on the deed at all, you should probably talk to an attorney about adding him.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Missouri on
Q: My lease on apartment was up last month, today received a letter stating I needed to be out of apartment by September 1s

September 1st for the reason of paying rent late and my rent Payment was always coming from somewhere different each month. I am a single mom of 2 and just went through a divorce, tore my meniscus on my knee requiring surgery and 3 months later had to have a hysterectomy due to a prolapsed uterus.... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 18, 2020

At the end of a lease for a term the lease converts to month-to-month. In that type of lease, the landlord can give notice to vacate if the rent is not paid. The tenant must be given the option to pay the past due rent and all other sums owed under the lease. If the tenant does this within the time... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Bought a house and they did not disclose drainage issues. We had a storm last weekend that flooded the basement

Missouri is a non disclosure state. Do I have grounds for sueing the previous owners for lieing about drainage problems when the neighbors told us it has been an ongoing issue?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 13, 2020

You very well might have a strong claim under Missouri's consumer protection statute, the Merchandising Practices Act (MPA). I've got a client with the same problem that has been made worse during the recent rains.

Our governor signed a bill that weakens the MPA but it...
Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Missouri on
Q: I have a really problem here it's my first time renting a apartment. And my question is about paying my rent

I paid my landlord $200 for deposit and 525$ for the rent But the date was june 29,2020 and the landlord called and says I need to pay my rent for July ..but my question is what about the 525$ What is for ? Is it only for the 2 days of june ? I need some answer please

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 2, 2020

You'll need to read your lease. Generally, rent for the month is due on the first of the month and if someone moves in mid-month the tenant owes pro-rated rent for the first month.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Landlord and I verbally agreed to me “staying”, but never renewed a lease. Am I obligated to stay for another year?

We did not sign a new lease and the contract says nothing about an automatic renewal. States that the lease can be extended by a written agreement. The only language related to this is “to pay double rent for every day that the possession of the Premises is held after termination of this Lease... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 31, 2020

When the term set out in a lease Expires, the lease converts to month-to-month, UNLESS the lease says otherwise. It is important to carefully read the lease to be sure.

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