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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.
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.... View More 
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.
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?
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.
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... View More
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... View More
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?
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.
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... View More
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... View More
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.
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... View More
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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.
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... View More
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... View More
answered on Jan 24, 2022
In Missouri, a married couple taking title as husband and wife are taking title as tenants by the entirety.
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... View More
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... View More
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... View More
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.... View More
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... View More
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... View More
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.
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... View More
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... View More
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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... View More
The current property manager clearly has a problem with me as she continually writes me up for ridiculous violations, but doesn't write up other homeowners for the same violations.
The Notice was dated 11/2 and says my lease will expire 11/30, and I have 60 days to leave the premises,... View More
answered on Nov 18, 2021
Unless you have a current written lease with a specified term, you are a month-to-month tenant. You indicate that you have lived there for ten (10) years, which suggests that you likely don't have a current written lease agreement. To clarify, I am not talking about a written lease that you... View More
If i have a civil judgement, but the loan is strictly in my wifes name, but being married my name is on the deed, will that judgement money be taking out of the sale of the house?
answered on Nov 16, 2021
To see if the judgment has been filed as a lien against your house, you can ask a title company to run a property profile or a preliminary title search on your home. That will reveal if the lien has been filed. If so, and the house is in both your name and your wife's, it is likely the lien... View More
I'm filling out the MHD Estate Recovery Questionnaire. How should I answer that question, yes or no? Thank You!!!
answered on Nov 9, 2021
This is a tricky issue as the Missouri Department of Social Services has extensiver powers as a "taxing authority" to avoid non-probate transfers where the decedent owed a State debt - typically when the decedent was receiving Medicaid benefits. Due to the sensitive nature, I would not... View More
Can I renew the rental agreement just to renting only without the option to own and what documents do I need. State of MO.
answered on Oct 30, 2021
Your original contract governs during its term unless both sides agree to amend it. If your tenant won’t agree to an amendment and is breaching the lease then you are free to sue for rent and possession or breach of lease.
answered on Oct 19, 2021
Here's the text from Missouri's security deposit statute:
535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit... View More
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