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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
My ex & I are recently divorced. We sold our home, it was financed in his name only but titled in both. Do we split a refund check from the mortgage company made out to him only? I certainly hope so because my income was used the whole time to make the mortgage payment. Please advise, I... View More
answered on Sep 24, 2021
There is no general rule in real estate pertaining to this situation. This issue should have been addressed in your asset split in the divorce. Your family law attorney should be able to answer this question, or the answer should be in your marital settlement agreement.
Our neighbor refuses to pay half, says he does not have the money and doesn’t need a permanent fence since his stock is trained to electric fence. Said he will just go back 10 foot and install his electric fence. Is that a way to avoid paying his half of costs ?
answered on Sep 24, 2021
There is no legal requirement that neighbors who share a property line share the cost of installing a fence.
My HOA president is verbally saying that townhouse owners are responsible for tree trimming. The "community handbook" I was provided when I purchased the townhome 3 months ago very clearly says the HOA is responsible if the tree is 5' away from the unit. The covenants are vague and... View More
answered on Sep 21, 2021
Anyone can sue for anything. The neighbor could sue for slander of title regarding the lien. There is no guaranty that the neighbor will win, however, and I have a hunch that the HOA's declaration has a one-sided attorneys' fee provision. That means if the HOA wins in litigation it can... View More
the sycamore is huge. We have only been in the condo for two years. They were going to cut it but decided to have us pay for it.
answered on Sep 18, 2021
They are liable if the tree falls, you sue, and you prove negligence. For example, is the tree dying or is it just large?
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