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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Missouri on
Q: I purchased a house in MO, after moving in I found out that the inspector didn't do his job, who should pay for repairs?

House was fully remodeled not up to the code.

Ronald J. Eisenberg
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Ronald J. Eisenberg
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... Read more »

1 Answer | Asked in Contracts, Family Law, Foreclosure and Real Estate Law for Missouri on
Q: Does he have any rights to my house? Should I file a lien and how much does that cost?

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... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
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.

1 Answer | Asked in Family Law and Real Estate Law for Missouri on
Q: My spouse moved out of our home 8 years ago and I never removed them from the title. Is he entitled to any proceeds?

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... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
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... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I am buying house from private party due to health reasons have to file bankruptcy can home owner refuse to honor origin

al contract.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 22, 2022

You don't give enough facts to allow good advice.

If your purchase contract is in writing, and is a longer term installment contract, you should be able to affirm it as an "executory contract" once you file for bankruptcy relief, and that's even more so if you are...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Missouri: One year home lease ending 7/15/22.

If tenant moves out early and buys out remaining lease from 6/1/22 (move out date) through 7/15/22 (lease term expiration date), and landlord rents the house to another tenant beginning 6/15/22, shouldn't the original tenant be entitled to a refund of rents paid from 6/15/22 through 7/15/22?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 17, 2022

Probably not, but the lease terms control. In general, absent a buy-out clause, a tenant who vacates early is responsible for all rent remaining on the lease. If the landlord subsequently rents the premises, the tenant should likely get credit. That's different from a buy-out clause.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Missouri on
Q: water entered house at entire foundation, ruining the finished basement.Is the builder at fault?

home is 3 year old display in Frontenac, purchased one year ago from builder.

Whole subdivision was built, including grading and drainage. Frontenac has

yet to sign off on completion.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 8, 2022

You need to have an attorney review the contract and learn the relevant facts in order to get meaningful advise, as well as to understand your options. There is no specific statute in Missouri that stays a builder is automatically liable any time water enters the basement of a 3-year old house.... Read more »

2 Answers | Asked in Real Estate Law and Business Law for Missouri on
Q: Can you recommend an attorney in the state of Missouri who can help with processing claims for recovery of overages

We mainly work with helping claimants to recover overages from a tax lien sale and in MO it requires an attorney to file a petition with the courts.

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 20, 2022

Overage of what?

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1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: We signed a contract to sell our home with a local realtor in early May of this year.

Upon reading the contract more closely today we noticed that the date of expiration for the contract was listed as May 2022. It should have read May 2023

Can we legally declare the contract to be null and void?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 12, 2022

The issue is whether there was a mutual mistake. You can research Missouri law on it. Ideally, you and your broker can come to an understanding. Otherwise, you might purchase through someone else and then find yourself named as a defendant in a costly lawsuit.

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: If my dad passed away with out a will but I have screenshots of the conversation him and I had hours before his death

He said to me that I can have one of his cars and even tho it isn't any will the Facebook messenger verify that its his page with his profile picture and full name with the conversation from him and I and he's telling me I get one of his cars so isn't that conversation û and him... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 16, 2022

In Missouri, an oral will is generally not valid. There is an exception but not in the circumstances you describe. Missouri requires a person's last will to be in writing and witnessed and notarized. I'm afraid your father's statements on facebook messenger will not be enforced by a... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: MO landlord deducted from the deposit WITHOUT offering date and time of inspection. Am I entitled twice the deposit?

Unit was left in good condition, and was rented out immediately after we vacated. There are no damages and nothing beyond normal wear and tear. Photos verify this. My understanding is that based on the lack of ability to be present at inspection, we are entitled twice the amount. Is this accurate?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 6, 2022

You are entitled to sue for a breach of the security deposit statute. If you win, the court has discretion to award you up to twice the amount wrongfully withheld.

2 Answers | Asked in Real Estate Law for Missouri on
Q: What are the consequences if buyer is backing out of contract because mortgage payment is higher?

Buyers realtor reached out saying buyers can’t linger go through purchase because mortgage payment is higher. Seller realtor stated they can’t since they have a signed contract, buyers realtor said ok we will do inspections then they can walk away. Is that even possible? Sellers realtor says... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 19, 2022

If your transaction is written on the Missouri Association of Realtors form contract that many Realtors use, then closing is likely contingent on financing as well as inspections and possibly other factors. If any of these contingencies is not met the buyer is able to cancel the contract without... Read more »

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Does it matter that a sell for a residential property was written on a commercial contract?

The property is zoned residential but has a commercial building and 2 houses. The business was grandfathered in for limited use. But the entire lot is zoned residential.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 12, 2022

As long as the contract identifies the property, the price, and the parties to the transaction, using the form for a commercial sale instead of a residential sale will not void the transaction. It may cause some confusion about some of the other details, however. If that occurs, you may want to... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Commercial Tenant Needing Advice!

H

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Feb 8, 2022

I suggest you have an attorney review your lease and then come up with a strategy to deal with the unfortunate situation. I do not believe that any cautious attorney, especially not knowing all of the facts and not having reviewed the lease, is going to tell you to ignore the situation for years.

1 Answer | Asked in Real Estate Law for Missouri on
Q: What are our rights when agreed upon electrical work on contract was not done and we've already closed but didn't know?

Sellers agreed to replace fuse box w/breaker box and to install updated electrical outlets, w/written work detail by licensed electrician. The fuse box was replaced and some outlets, but nothing was grounded. Not even the GFI outlets. We have only just discovered that the work was not done... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jan 28, 2022

You could write a letter or hire an attorney to write a letter seeking money and threatening litigation. If the letter does not work you can sue for breach of contract or violation of Missouri's consumer protection statutes, the Merchandising Practices Act. The amount of damages you have... Read more »

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
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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 »

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
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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 »

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
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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
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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 »

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