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Missouri Real Estate Law Questions & Answers
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.

1 Answer | Asked in Civil Rights, Foreclosure and Real Estate Law for Missouri on
Q: There is any possible way I can reverse foreclosure sale and get the house back if I pay the full amount ?

My ex husband passed away, we had 2 kids, we actually never get separated, the divorce was only on the paper. the lawyer said not to make payments on the house. The house went foreclosed. We still live in this house.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 27, 2019

If the house has been sold in foreclosure it belongs to someone else now. If the sale has not yet taken place you may still have a chance to stop the foreclosure. Bring every bit of the paperwork you have received to an attorney right away to find out where you stand.

2 Answers | Asked in Real Estate Law for Missouri on
Q: How to transfer ownership of my late wifes property to her sister.

My late wife and her sister own land in both their names. My wife passed away two months ago and her sister wants me to give my wifes half ownership to her which is fine. In Missouri since my wife and I had wills that leave all to surviving spouse without probate I am now half owner but how do I... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 24, 2019

How to transfer title will depend on how you and your wife held title. If you and your wife held title with right of survivorship you just have to show she is now deceased to make a transfer. You should have a lawyer look at the deed to advise you.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Whose responsible for foundation repairs ?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 22, 2019

Your question lacks details and context. Are you referring to a lease or a purchase? Is there a governing contract? These are key questions.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I have a question regarding real estate

a fence outside our property line (Phelps County MO) was built 10 years ago when the subdivision was created. we have no HOA and the fence is actually in the easement of State Hwy O and our street, Fawn Ridge. Who is responsible for maintenance of the fence ?

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

Responsibility for fence maintenance should be in the documentation that created the easement. You can usually get these types of documents from a title company.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I live in Missouri. If a master "bedroom" doesn't have a closet is it a legal bedroom? No closet in the master bath .

House is listed for sale as 3 bedroom 2 bath but only 2 bedrooms have closets in them. The master " bedroom" does not have a closet in it and there is not a closet in the master bathroom. My question is , is it legally a 3 rd bedroom without a closet? I have been told that's it's not according to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 20, 2019

You won’t find a Missouri state law on point. Rather, you should check your local municipal code to see what constitutes a bedroom.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can I be sued for something after closing for something I didn't know about?

This mobile home is in Missouri, and was inspected and appraised prior to closing.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 13, 2019

You can indeed. Anyone can sue anyone for anything. The outcome of the case will depend on the merits as well as what you do to defend the lawsuit. Homebuyers frequently sue sellers for failing to disclose problems. I'm not saying that you did anything wrong, as I don't know the facts, but an... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: My daughter has a mobile home on my land in Missouri. How do i evict her and her trailer.

My daughter and her husband have a trailer next to my house. There are constant drugs and people running in and out. The police are always showing up because of various reasons. They have stolen things from us, disturbed the peace, and even gotten physical. They have a 1 year old and 3 year old in... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 10, 2019

There are statutes that regulate eviction of mobile homes that you will need to follow. You really need to consult an attorney to make sure you follow the law so you can get them and their trailer out legally and permanently.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We just closed on a house last Friday. Tuesday we started having AC issues, so we called HVAC. They told us that while

In the crawl space they noticed major issues with our furnace. Most major issues are that the sellers lied that it was new, it’s not compatible with natural gas (which is what we have) and that it’s not even hooked up therefore isn’t working for heating. We did the inspection ourselves as we... Read more »

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

On Monday, contact an attorney who has litigated failure to disclose cases. You could assert a claim under Missouri's Merchandising Practices Act, which is a strong consumer protection statute.

This link might be of use to you....
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2 Answers | Asked in Real Estate Law for Missouri on
Q: Is my title company my advocate if it is holding monies paid by the seller before closing?

The seller gave the title company monies to hold for the install of a septic system to be done after we closed. A company, Earth 1st., came, did the work and left without talking to me. I called them a week later to ask them when to expect them to come to finish the work and was told they were... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 1, 2019

Generally speaking, a title company does not act as an advocate at all. It is a neutral third party to a transaction. If there is a disagreement about funds held in escrow, you should talk to an attorney about how best to reach an agreement on disbursement.

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2 Answers | Asked in Civil Rights and Real Estate Law for Missouri on
Q: My nephew lives with my mother in a house I purchased. He pays for nothing. What will it take to get him out?

My mother pays for insurance and taxes only. There is no rental agreement for my mother or my nephew. My nephew receives mail at the house, is there some implied agreement? Mom health is failing, what will it take to get him out if he refuses to go when the time comes?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 27, 2019

This situation may be more involved than you would think. There are legal procedures in place to evict tenants, but it can be more difficult to evict squatters. You may want to get your nephew paying some nominal amount now, so he can be considered a tenant when the time comes. You should consult... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can a member of your llc rent out a property owned by the llc?

Can a member of your llc rent out a property owned by the llc?

Just started a membership llc and working on building inventory when a member expressed interest to rent out one of the newly acquired properties by the company. Can that member rent the property just like if it was a normal... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 25, 2019

A member of the LLC can rent just like a normal tenant. How it would affect taxes is a better question for your accountant.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Do you need to disclose a drainage problem that occurred (and was repaired) on the common ground behind your house?

The hill behind our home had a drainage issue that led to a "slope slip" (ground movement). The construction crew needed to use our property to access the hill but there was no damage to our property or home from the issue, only from the construction equipment. Everything has since been completely... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 25, 2019

If you sell your property and get sued later for failure to disclose, you'll wish you had made the disclosure.

The specific answer to your question, however, will depend on the language of the disclosure form. Have an attorney review the relevant documents if you want to obtain informed...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: How do I initiate a hostile land grab
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 15, 2019

Your post is unclear. If you are inquiring about how to file an adverse possession lawsuit, I suggest you get a survey done and hire a good real estate attorney.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can you use property that was purchase by a township for a comp to your property in a arms reach distance to your.

Can we use a square foot price on are land to compare with the property that was just purchase by the city. City had purchase many property in same area but most had a building on them. They only need the land for flood control as all building will be tore down at a additional cost. Please help

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 12, 2019

When a municipality purchases property under eminent domain, it is required to pay fair market value. However, it is unclear from your question whether that is the case here. In any case, you will need additional comparable property sales to get an accurate picture of the value of your property.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can I get evicted from my own house?

My house deed is in me and my husband's names. However, he moved out 3 months ago and took his name off of all the bills. Now he is threatening to evict me. Is that legal?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 12, 2019

If your name is on title, you cannot be evicted by someone else on title. However, your husband could file a court case called "Partition" which would force sale of the house. Either way, your best way to protect your interest in the home is to consult an attorney.

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