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Missouri Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My landlord & I got into a phone argument, where he verbally said 'wanted is out'. Can he? 12 mo lease, ends 4-1-20

I'm bipolar (not officially diagnosed, but I've lived w enough to know). The other day I woke up to my daughter telling me landlord had been by. Called him, & before the end of the convo, I was getting MAD, & usually wind up cussing. Told him I was getting mad, just woke up, & I was going to let... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 26, 2020

In Missouri there are statutes that control the timing and notice required for eviction. Generally speaking, a verbal request to a tenant to leave is not enforceable. Also the terms of the lease, when lawful, will control. I recommend you review your lease and the circumstances with an attorney to... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for Missouri on
Q: What is the legal time frame for a merchant to return your deposit if a deal falls through?

There was a commercial kitchen for sale. It was technically only the equipment. The space has to be rented separately but you couldn’t take the equipment from the space. The price was $25,000 with a required down payment of $5,000. For the deal to work you have to be approved by the landlord... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 14, 2020

If the contract doesn’t provide a time frame you’ll have to file suit to get your money back. Small claims court has a maximum jurisdiction of $5000. You may use an attorney if you wish.

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1 Answer | Asked in Public Benefits and Real Estate Law for Missouri on
Q: Have a situation where a buyers bank appraisal was lower than our contract price. The buyer had an appraisal rider

in the contract. They verbally agreed through their agent to honor our agreed upon contract price which happened to be 8K higher than their appraisal. We listed our house on Zillow so are in essence representing ourselves Should we require the buyers to sign an amendment stating that they agree... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 9, 2020

If it's not in writing, it didn't happen. The terms of the contract changed if the appraisal contingency was not met and the buyers want to complete the transaction anyway. You should consult a lawyer to formalize the arrangement.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Libel & Slander for Missouri on
Q: Do I have to sign a new lease under property manager for apartment I've lived in 8 yrs under the same lease by landlord?

property manager lied to landlord stating I am 3 mos. behind to get me evicted when I owed Feb. rent of $525, $25 for Jan., and $10 from October. I knew I owed Feb. rent because it was 13 days late with $10 a day late fee. I paid it all in their office, Feb. 14. Was handed 30 eviction for refusing... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 1, 2020

You didn’t state when the current lease term ends. Here is what matters:

1. Is the lease term ending soon? If so, that’s all that really matters. A landlord isn’t required to renew a lease or enter into a new lease with you.

2. Are you in breach of the current lease?...
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1 Answer | Asked in Real Estate Law for Missouri on
Q: Buying a house from a family member both agree there is no mortgage or liens on the home. Do we just do a quit claimdeed
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Feb 28, 2020

A Quitclaim Deed will only transfer whatever interest the Grantor has in the property to you. I would recommend you consult an attorney to prepare a Warranty Deed for better protection.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: I was serves Missouri notice to Quit today for lack of payment. I miss one payment. March 30, 2020 is my last day.

Make this month mortgage payment. The notice said I miss two payment. I have prove that I make payment.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 7, 2020

You didn't ask a question. It sounds like you ought to hire an attorney to communicate with the other side if you cannot do so effectively on your own.

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Missouri on
Q: My partner passed away. His brother is executor and has told me to leave the home. I have lived here for 7 years

Bil left me 2/3 of the estate, and I know the home I have shared with him for 7 years will have to be sold. His brother is in charge and has given me a week to get out of the home. I have established residency here and this is the only home I have. There is a Will, and I was Bill's sole caregiver... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Feb 7, 2020

First of all, I am sorry for your loss. Your partner’s will is going to control how his estate is distributed, despite all the care you game him. If you are on title to the house, you have more rights than if it was solely in Bill’s name. If you are not on title you have to be given at least 30... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Ive been paying for a home and land, and part of it isnt the sellers to give away. What do I do?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 31, 2020

You should meet with a local attorney to review the documents, go over all relevant facts, and provide you with sound legal advice.

1 Answer | Asked in Real Estate Law for Missouri on
Q: How do I evict someone from a property they are renting from me, in MO

I have already sent them a notice to quit by registered mail and they are refusing to pick it up. They are about 90 days past due. I need to just file in the court but I'm not 100percent sure what to file

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 30, 2020

To make things go more smoothly, hire a local landlord tenant attorney. If you don't want to spend the money on an attorney then you file a rent-and-possession or unlawful detainer action, with the facts determining the most appropriate cause of action. Missouri courts have some forms that... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: You Home Purchase Rights during final walkthrough

You

Hello, I’m closing on my home Thursday, Jan 30th. During the final walkthrough yesterday we noticed the water was turned off within the home so I was unable to check faucets, etc. The seller suggests that he doesn’t need to turn on the water so I’m verifying if that’s accurate.

Vincent Gallo
Vincent Gallo answered on Jan 29, 2020

If the water service isn't turned on, how can you possibly assure yourself that everything requiring water service is properly working?

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Missouri on
Q: Is there a site I could talk to a lawyer to see if i have a strong case against my landlord?? I

My landlord violated our lease agreement on several things.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 10, 2020

You should do some internet research to locate an attorney near you who does free consultations. You should be able to find out your options with a short meeting.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: I have had liens placed on mine and my husband's home.

First of all the liens are approx 10 years old. Secondly, they are for credit card debt in only my wife's name. I would like to know how to get those removed. The property is in both our names and has been for 28 years in springfield missouri. The liens are from judgements against my wife. I was... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 9, 2020

It sounds like you already received good legal advice. It the judgment has not attached as a lien, then there’s no lien to remove.

1 Answer | Asked in Real Estate Law for Missouri on
Q: If an MLS lists items like stove, refrigerator, dishwasher, wall oven, washer and dryer, are they required to be there?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 23, 2019

Your contract to purchase the home will determine what is included. Usually items that are attached to the home, like a dishwasher, are included. Items that are not attached, like washer and dryer, are typically not included. The contract will specify if there are additional items that you... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: I bought my ex out from our house but in the agreement it did not say when it had to be paid by it only stated what inte

Interest rate would accrue he got a real estate levy and now they are going to auction my home in Feb what can I do

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 20, 2019

Potentially losing your home is quite serious. You need to bring your agreement and a record of all your payments to an attorney. Your remedy will be based on this information.

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

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2 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: How can I get the seller to release the earnest funds in escrow after we cancelled the contract due to the inspection?

We have an inspection contingency in the contract and after the inspection came back with mold and other significant findings we decided to cancel the contract. The seller is not signing the release for the title company to release our funds. How can we get our earnest money back? Can the... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 13, 2019

Sometimes sellers can be frustrated when a contract falls through. As long as your cancellation of the contract was within the time provided by the contract you are entitled to return of your earnest money deposit. An attorney can help you with this issue.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can someone who does not own a property and does not have a real estate license prepare a contract for the buyer?

Looks as if a title company is writing the contract

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 5, 2019

Anybody can write a contract. However, to ensure it is enforceable and valid in your jurisdiction it is best to have a local attorney prepare it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: is there a missouri statute that allows the landlord, me) to set up a time to enter the property to plan repairs?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 5, 2019

Here is no statute that addresses this issue. It is normally covered in the lease. This is one reason it is a good idea to have an attorney draw up a lease.

1 Answer | Asked in Consumer Law, Real Estate Law, Collections and Landlord - Tenant for Missouri on
Q: getting sued for something I don’t have the title to anymore

I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 4, 2019

If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.

1 Answer | Asked in Real Estate Law and Civil Rights for Missouri on
Q: Excluding president thru Secretary do board members need to be voted in?

Treasure put 2 board members on reinstatement that were never voted on

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 29, 2019

The answer to your question will be in the operating agreement or bylaws for the entity the board serves. That is where procedural matters are determined. You should ask your entity’s secretary for a copy of that document.

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