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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Q: If I believe I am being harassed out of retaliation (not employment related), would that be harassment or retaliation?

I have a previous landlord who is neighbors with my mother. He evicted us for breaking the lease (which we didn't) and has been harassing my mom periodically since. Most recently he has yelled at my 7 yo child for something that didn't happen.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 3, 2023

If he has threatened to harm the child seek and order of protection.

It takes a court judgment for an eviction. Therefore, if you were sued you should have had your day in court.

1 Answer | Asked in Real Estate Law for Missouri on
Q: In Missouri: We gave an investment company $30,000 to invest in real estate. We have no idea where our money went.

We were given no documentation, no updates. My spouse was told he was a "partner" but then fired. We requested the investment back and we have nothing. Is this lawful? Do we have a case?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 28, 2023

You need to have a consultation witn an attorney. There is a lot to discuss. The specifics of the agreement. Whether the investment was an unregistered security. Whether there investment was wiht an individual or business. Whether a judgment would be collectible. Too much money is at issue... View More

2 Answers | Asked in Real Estate Law for Missouri on
Q: Condo association fee question

We were just hit with a HEFTY condo association fee. We need to pay 3k in less than a month, or we will be fined. They are charging 3k per unit to fix the roofs, that they haven’t fixed in years. On top of this, we already pay 200 a month. It seems unfair to ask for so much money so quickly.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 5, 2023

That is a lot of money, but you've not asked a legal question. Perhaps you can finance the assessment, assuming it was properly authorized.

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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Missouri on
Q: I bought land with my Brother, we own it 50/50, I live on the land, and tend to it, pay taxes on it, my brother doesn't

Do anything with it, doesn't live on it, doesn't pay taxes on it, I've offered to buy him out and will pay the amount he requested but he is avoiding me, is there anything legally I can do to make the process happen?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 6, 2023

You can hire an attorney and file a partition lawsuit.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Can my apartment complex charge me for a full month rent if my lease ends 10 days prior to the month ending?

I am moving out of an apartment complex on May 22, which is the date that my lease ends. My complex has notified me that I must pay for the entire month of May. Are they allowed to do this?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 25, 2023

If you have a written lease that states it terminates on May 22 then it doesn’t make sense that the landlord would believe it is entitled to a full month’s rent. I haven’t seen your lease. It controls.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a real estate property be sold to a family member without a valid sales contract in Missouri?
Vincent Gallo
Vincent Gallo
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.

1 Answer | Asked in Real Estate Law for Missouri on
Q: How to respond to a small court summons in Saint Louis, MO?

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

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Contracts for Missouri on
Q: Mortgage servicer issues

Need advice

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 4, 2023

You should ask a question if you’d like a response to get you started in assessing the situation.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can a buyer in a home owner financing contract that is not satisfied, rent the home to other people?

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?

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a family attorney represent an hoa or does the attorney need to be a real estate/hoa attorney
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 3, 2023

A Missouri-licensed attorney may represent an HOA. Missouri does not require specialization.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Is it legal for a broker in Missouri to require their agents to sign a non-compete clause?
Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Divorce and Real Estate Law for Missouri on
Q: Ex wife still lives in our paid off home, how do I force the sale of the home to get my half of the property ?

Divorce decree said proceeds to be split upon sale of house but did not specify a sale date.

Anthony M. Avery
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answered on Nov 14, 2022

The most direct remedy is file an Action for a Sale For Partition.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I purchased a property in Missouri. I am past the contingencies and I decided not to purchase due to medical. The seller

Has retained an attorney. They have a contingency. What can they sue me for?

Ronald J. Eisenberg
Ronald J. Eisenberg
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

1 Answer | Asked in Car Accidents and Real Estate Law for Missouri on
Q: How does it work if you are threatened to be sued by a HOA ?

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?

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law, Environmental and Municipal Law for Missouri on
Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.

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

Tim Akpinar
Tim Akpinar
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

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
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... View 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... View 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... View 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... View 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...
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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
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.

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