Lawyers, Answer Questions  & Get Points Log In
Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Missouri on
Q: Do both home owners' names have to be listed on the listing contract with a real estate agent? Owners aren't married.
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 30, 2021

The short answer is yes. All persons who are owners of the property must sign the listing contract because all of them have to agree to sell and all must participate in the transaction.

1 Answer | Asked in Real Estate Law for Missouri on
Q: How do I remove EX partner from deed/loan?

My ex partner and I bought a house together 13 years ago. She lived in the house for 3 months then left. She has not paid any of the mortgage, taxes, repairs ect. We only paid $2500 down at the time of mutual money. I want to refinance but she refuses to sign quit claim deed. What are my options?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 10, 2021

If your ex refuses to sign a quitclaim deed, your other option is filing a court action for partition. It is a generally a short process but it carries several risks. You should definitely consult an attorney about the pros and cons to see if it is in your best interest in your circumstances.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: In Missouri, what recourse do I have when the home builder is not ready for the contractual closing date?

Contact signed in December 2020 with the June 9, 2021 closing date which is plenty of time to build a 1600 sq ft home. The builder is doing several trades himself so he doesn’t have to pay subcontractors. He has drug his feet for weeks and will not be done in time for closing cause if me to loose... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 7, 2021

For most people, a real estate transaction is the largest purchase they will ever make. I encourage you to have an attorney review your contract in order to help you decide what to do. The contractual terms will be significant in planning your next steps. If would be reckless for anyone to... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Banking for Missouri on
Q: I purchased a house in 2010 in my name only I was married about three years does she get half

I’m Refinancing with cash out for debt consolidation Lender says she may have to sign some form is this necessary in Missouri

Keya Reed
Keya Reed answered on Jun 5, 2021

If the hour was bought during the marriage with marital funds, your spouse is entitled to an equitable distribution of that property.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I moved out of apartment in Oct.2018 after giving 30 day notice, my son took over the last 6 month of lease. As of 2019

he continues to live there & has signed new leases paid rent, NOW they say I'm still lease holder & trying to get to sign lease...What is my legal right..

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 31, 2021

If your lease expired or was mutually terminated early in writing, then I don't understand the basis for your former landlord's claiming that you are still a tenant. The written documents control, however. You have the right to seek to have a court enforce a lease. If you are not clear... Read more »

1 Answer | Asked in Estate Planning, Immigration Law, Real Estate Law and Probate for Missouri on
Q: father died in the middle of a divorce to a woman in South Africa who abandoned her citizenship. Her name was on deed &

She wants to sell the home because she is broke. I live in the home my father owned with her. Do I have any rights to keeping the home? She in her divorce papers and in emails states she had no interest in the property and my father was keeping the property. Is there any law that protects me as his... Read more »

Agnes Jury
Agnes Jury answered on May 5, 2021

My condolences for your father's passing. Unfortunately, this is more of an Estate/Probate and/or family law attorney question than immigration. Best wishes!

2 Answers | Asked in Real Estate Law for Missouri on
Q: In Missouri is there a standard time after a real estate contract is expired that you can sell your property yourself

And not pay the realtor commission?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 25, 2021

If your agent used the Missouri Department of Real Estate form there is a space filled out that sets out that time period. If you’re unclear, have the contract reviewed by an attorney.

View More Answers

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can anything be done about a nuisance property in Missouri?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 21, 2021

Nuisance properties are often regulated by local (city or county) ordinance. You can usually find those online, along with the agencies who receive those complaints.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Should I sign a quit claim deed while I am still responsible for the mortgage?

My ex husband retained the home. He is claiming the bank won't refinance him to remove me from the mortgage without me signing a quit claim deed first.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 21, 2021

In order to refinance, your ex's bank will require you to release your interest in the property, but only at the closing of the refinancing. That will take place at the office of a title company when your ex signs the documents refinancing the home. You should not sign a quitclaim deed without... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: In the state of MO can an HOA request dues via email or do they have to send a request for payment via USPS.

Our HOA has provided annual statements and bills for HOA dues in paper form for years since we moved in. Suddenly last year they decided to just email us a request for payment without the annual statement of account that was provided in the past. We did not opt out of paper billing nor were we... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 14, 2021

Depends---what, if anything, do your subdivision's recorded covenants and restrictions say in regards to method of notice. If they are silent, then do your bylaws provide any guidance? These documents may or may not discuss method of transmission. Please note that newer subdivisions are... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: When more than one amendment is made to a contract it doesn't cancel the previous amendment right?

The first amendment was the sellers agreeing to a closing credit. The second one is asking them for a price reduction

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 1, 2021

The answer would depend upon the amendment’s language. If you are uncertain, have an attorney read the documents.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have a 30 yr contract for deed, is there a statute of limitations to dispute being charged for insurance

I am being forced to pay insurance on the property or face foreclosure. Even tho the contract does not state that I am to pay said insurance. Is there a statute of limitations to file suit for recovery of insurance premiums.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 4, 2021

Have an attorney review the contract. Contracts for deed, in my experience, generally turn out poorly for the tenant. Missouri has different statutes of limitations for different causes of action. Breach of contract is generally 5 years but breach of a written contract to pay money is 10 years.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Civil Rights for Missouri on
Q: Is it legal to deny you Court proceeding hearings and be forced to be pro sa

Did not get to attend on 6/1/2020 a court hearing held without me and sale of a property or personal to one of the owners which the case was dismissed and I was charged everything that my girlfriend was he no longer has to pay and now put it all on me the courts gave granted $15,000 and property... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 25, 2020

It is obvious that you disagree with the court’s ruling but your post is unintelligible. Try rewriting it using separate sentences with periods. If you do that, then you might receive some better answers.

It is unclear why a hearing was held without you and why you didn’t or could...
Read more »

2 Answers | 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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.