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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Rights, Health Care Law and Landlord - Tenant for Missouri on
Q: Floors have holes and mold everywhere and bugs landlord won't fix and taken us to court over rent we have 5 kids

Big hole in kitchen where my 23month old twins fell in to floor

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 12, 2019

You didn't ask a question, but if you want to know what to do, the answer is to meet with an attorney knowledgeable with landlord tenant law. Most importantly, don't ignore the suit or a default judgment will likely be taken against you.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Hello, Is there any chance to win a settlement against undisclosed defects in St. Louis MO area?

I recently purchased a home in the St. Louis, MO area. The previous owner said no pets, no renters, and we found out both are untrue. My kids are extremely allergic to pets and once we moved in and removed the 16 air fresheners around the house, the smell of pet urine was overwhelming. We've... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 8, 2019

Wow, that sounds like bad misrepresentations. You should meet with an attorney to review your sale contract and assess potential causes of action. Missouri has a strong consumer protection statute called the Merchandising Practices Act (MPA). The MPA is great in failure to disclose and... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: Asking about Missouri grandfathered claus. If someone purchases land and a business that are both grandfathered in...

Say the business is a salvage yard in city limits, but there has been a law made since it opened that no longer allows a salvage yard in city limits, but since the business was there first, its grandfathered in. If that land and business switches owners, does that grandfather claus still apply with... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 5, 2019

I am not licensed to practice in Missouri--but unless Missouri is unlike most if not all other states--grandfather clauses like the one you described here do not "run with the land." That means the answer is no, the new owner cannot expect to keep operating the junk yard--lawfully.... View More

1 Answer | Asked in Construction Law and Real Estate Law for Missouri on
Q: just bought a house and found a huge problem with the foundation. Hugh bulge in wall and cracked. Covered by box

House had foundation work done but didn’t notice any problems. Haven’t moved in yet what should I do. The living room wall looks like it’s gonna explode has a two inch bulge splitting the dry wall. Just closed on the house 4 days ago.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 3, 2019

I’m sorry to hear about your “new” house. A house is a huge purchase. You should meet with a real estate attorney promptly to review your sale contract and disclosure form and assess whether you might be able to achieve a satisfactory resolution. A relevant question is whether the seller... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: We owe back rent but have been paying rent but we got an 4 day eviction notice, the landlord won't fix the air it's hot.

The city health inspector came and said we needed to move out, the foundation is sinking the basement floods and there is mold in our sons room and my wife and i have an son who is autistic, my mom is an disabled elderly woman whom stays with us we take care of and we have an infestation of brown... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 30, 2019

Sorry to hear of your troubles. If you received a notice of eviction—but haven’t been sued and lost and received a notice that the sheriff is coming to return possession to the landlord—then you won’t be physically forced out by July 3. If you get served a summons, show up at court.... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I had a listing under contract with a buyer/investor/broker who failed to close, and is refusing to sign the release.

We used his title company, as they were able to close quickly, they withheld information from me, that he hadn’t closed.

He showed up to signing, but wired no money. How much time is the buyer allowed to refuse to sign the mutual release? And what can the title company do in a situation like this?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 29, 2019

The title company isn’t going to do anything other than hold the money until the parties agree what to do with it or the title company could interplead it into the court.

You need to hire an attorney and decide whether to litigate.

1 Answer | Asked in Divorce and Real Estate Law for Missouri on
Q: Does inherited property get split in a divorce?

I inherited two properties when my parents passed away. My husband is wanting a divorce, and says he is going to try to take away one of the properties. If the properties were inherited to me are they subject to division during the divorce? We were married when I inherited the property.

Jennifer L. Rench
Jennifer L. Rench
answered on Jun 27, 2019

Property that is inherited by one spouse - even during the marriage - is specifically excluded from what is defined as "marital property" in Missouri and is not subject to division. However, this isn't usually the end of the conversation.

It is possible to convert separate...
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1 Answer | Asked in Real Estate Law for Missouri on
Q: Is it possible for a judge to rescind a contract 3 years after the sale if they lied in disclosure?

We just found out the sellers lied on disclosure when they said they were not aware of any other foundation problems. We know the were aware, because the contractor that repaired the 3 minor cracks for them has this huge one in his report. He made the repairs and then the sellers finished the... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 24, 2019

You are unlikely to get the deal rescinded at this point and I'm not sure what good that would do for you now that you've already paid and probably obtained a mortage.

You should consult with an attorney who is familiar with failure-to-disclose litigation. In addition to suing...
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2 Answers | Asked in Real Estate Law and Tax Law for Missouri on
Q: If I lived in a house for 13 years and it was three years behind on taxes and the owner decided he didn't want it and it

If it Sold for back taxes do I as a tennant since I've been there for 13 years have more rights than anybody on the purchase

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 21, 2019

No. Unless the new owner wants to rent to their house to you, you have no rights to continue living in their house.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: I thought I was purchasing a home. Put 15,000$ down (earnest money), then another 25,000$, along with 600/mo rent

In Lease states I have til dec. 19' to say if I want to buy home. I do not want to is what I told my landlord. I asked for my 25000 & 15000 back & he isn't giving it back.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 16, 2019

Given that you put $40,000 down and signed a contact and you stand to lose the entire huge sum, it would be a good idea to schedule and appointment with an attorney to review the lease and see if there might be some out for you. I hate lease-purchase deals because so often then end poorly.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I inherited house with relative who lives there and not caring for it. Can I deed my half with no future consequences?

I live out of town. I pay the taxes and relative had agreed to pay all else. She is not and also not caring for house. I can not afford to cover for her. I do not want anything else to do with it as I feel the value of this small home decreases every month. Selling is out of question as my relative... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on May 7, 2019

You can transfer your ownership interest to your relative by signing a Quitclaim Deed and recording it in the county where the property is located.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I need to know how to go about taking or proving that our contract for deed has been broken or if it's even leagal
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 6, 2019

You should schedule and appointment with an attorney to review the contract and discuss why you question its validity.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: My real estate agent executed my contract (buying a duplex) with a misspelling of her name.

Her first name is misspelled on all the documents, and does not correspond with the name that she is registered as an agent under in the state of MO. She also entered into a rental agreement with me, as my tenant, under this misspelling and is in default (not paying per the terms of her lease). Is... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 6, 2019

Misspellings frequently occur in all legal documents, including the ones of concern toy you here. Rather than waste time worrying about the spelling of your tenant's name you should consider starting the eviction process--using the same spelling on the lease. Or if you are a perfectionist, use... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: If I have a Missouri collector’s deed and want to give the property to my father, what do I need to do to make it happen
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on May 1, 2019

Your best option is a Quitclaim Deed, which passes your ownership interest to your father without warranties.

1 Answer | Asked in Real Estate Law for Missouri on
Q: What does a partition action entail?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 15, 2019

That's not a question that can be answered in a sentence or two. Not a lot of these cases get filed.

Here' a link to the rules about partition actions. https://www.courts.mo.gov/page.jsp?id=1019

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can I petition the court to have my name removed off of the loan and title of my house?

I am wanting to sell my house but my ex-fiancé who is also listed on the loan and title refuses to sell. I have tried to refinance the home solely in his name but he is completely unreliable and doesn't follow up to get the process going. I want to sell because the home is no longer safe to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 15, 2019

You are in tough spot. You could hire an attorney and file a partition action. But you don't have a right to get removed from the loan. The lender likely wouldn't have made the loan to only one of you and now would be foolish to release one of the two borrowers because doing so would... View More

1 Answer | Asked in Business Law and Real Estate Law for Missouri on
Q: I was wondering if i needed a license to wholesale homes in the state of misouri?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 1, 2019

You do not need a license to purchase and sell homes that you own in Missouri.

2 Answers | Asked in Real Estate Law and Agricultural Law for Missouri on
Q: Property in my family for over 60 years. neighbor had survey done. now says 11 of our acres is his. what to do?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 24, 2019

You should get your own survey done, based on the deed on file in your family's name at the Recorders office.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: My neighbor would like to change our property line (which is odd). We are in agreement. What steps need to be taken?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 9, 2019

You should have a surveyor prepare the new legal descriptions of both properties. Then a deed needs to be prepared transferring the parcel being transferred. A lawyer can do that. But start with a surveyor.

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1 Answer | Asked in Real Estate Law and Juvenile Law for Missouri on
Q: What rights do I have as a condo owner to select the kind of replacement windows that I want?

The HOA Board wants to select the type of replacement window for our condo, and bill us later. Don't we have any rights in the choice of windows, since these are limited common elements?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 5, 2019

Your condo association’s declaration and rules & regulations control. Read them carefully.

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