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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Missouri on
Q: I need a free or low cost lawyer................

Who handles sueing someone that sold my mobilehome without my permission an possibly criminal charges in california. Can you please give me some info on who can help me.

John Michael Frick
John Michael Frick
answered on Sep 26, 2023

You should contact a legal aid clinic in or near the county where you would like to file your lawsuit. For a variety of reasons, lawyers who provide pro bono services typically volunteer a few hours of time through their local legal aid clinics. The clinic staff screen clients to insure they are... View More

1 Answer | Asked in Construction Law and Real Estate Law for Missouri on
Q: Hello, I recently purchased a new construction home and the builder is completely ignoring my warranty items.

They are not responding to my calls or emails. Do you have any advice on what I should do next?

T. Augustus Claus
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answered on Aug 2, 2023

If your new construction home has warranty issues and the builder is unresponsive, follow these steps:

Document the problems with photos and descriptions.

Review the warranty contract to confirm coverage.

Send a certified letter to the builder outlining the issues and...
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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Missouri on
Q: My friend died but she owned a home w/her husband & children. The husband is trying to sell the house. Can he do that?

Kids names are on deed as well as the husband. Can he sell the home without the permission from the kids? Her kids are grown adults not minors, does that change the info you have answered?

Anthony M. Avery
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answered on Jun 22, 2023

An examination of the present deed, and possibly the title, is needed here. Even if it is a life estate/remainder deed, the surviving husband can still ask a Court to sell the minors' interests. It depends on the deed whether the husband and the kids took the deceased wife's interest,... View More

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Missouri on
Q: My mom would like to put our names on the deed to her home. It doesn't have a mortgage as she has paid it completely.

How would I go about starting this process?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 2, 2023

There are a couple of options, depending on your mother's goal in adding you to the title. One option is a Beneficiary Deed, which transfers ownership of the property at your mother's death to the people designated in the deed. If, in the alternative, she wishes to transfer ownership... View More

1 Answer | Asked in Tax Law and Real Estate Law for Missouri on
Q: Once a lien is placed on a piece of property, can the amount be changed by the company who placed the lien?

After a tax sale does purchaser have to pay all recorded liens? And can, the entity who placed the lien continue to add charges to the lien?

James L. Arrasmith
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answered on May 7, 2023

Once a lien is placed on a piece of property, the amount cannot be changed by the company who placed the lien unless there is a legal basis for doing so, such as an error in the lien amount. After a tax sale, the purchaser may have to pay all recorded liens on the property, depending on the... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Q: The situation: Bill is going to be declared dead in August. Bill had a child, Mark who passed away in 2019. Mark had a

Son, Zach who is still alive. Bill died in California, we live in missouri.

Bills siblings got a letter from California Inheritance Group claiming Bill had unclaimed assets and they are going to divide it between his siblings. I don’t believe that is correct I believe it should be all... View More

Nina Whitehurst
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answered on Apr 30, 2023

First, you do not need to go through California Inheritance Group to claim these funds. You can find it here and make a claim yourself: https://www.sco.ca.gov/upd_msg.html

Under the laws of California, if a person dies unmarried with living descendants and no will, the descendants...
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1 Answer | Asked in Real Estate Law and Estate Planning for Missouri on
Q: I was single when I bought my house. Deed is TOD to my kids. Now that I am married, would house go to spouse if I die?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 22, 2023

There are a lot of factors that would help answer this question. Do you have a will? Have you updated your will since your marriage? Generally speaking, if you die without a will (intestate), your spouse and kids would split your estate. It sounds like you have a beneficiary deed in place for your... View More

2 Answers | Asked in Real Estate Law for Missouri on
Q: I bought a house in Missouri 2021. my foundation started bowing ,2 chimneys also. Never informed of severity in the

Inspection report. Also, the previous owners said they lived in the house for last 3 months. Never happened. The shower drain wasn't even hooked up! All the water drained right into the foundation which literally has dust as mortar! The foundation started failing immediately after I moved in.... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 28, 2023

Based on the limited information provided, you could possibly have an action for failing to disclose known defects against the sellers of the property. In such an action, you would have the burden of proving that the sellers knew of the defects in the foundation and knowingly failed to disclose... View More

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a real estate agent make false claims about another agent to take their clients?

Had another real estate agent calling clients that I had worked with and telling them that I had retired and that I had referred them to her. I’m concerned that this is affecting my business.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 31, 2023

If you can prove that such a statement was made and you can prove that you were financially damaged and if you are willing to pay an attorney to file suit for you, go for it. Also, make sure the other agent has insurance or funds to pay any judgment you might obtain.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Purchased home in 2/2021, recently found structural damage from old water damage that was not disclosed. Options?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

If you have proof that the seller knew of the problem and failed to disclose, you could have an attorney assert a claim for violation of Missouri's Merchandising Practices Act (MPA). That's Missouri's consumer protection statute. On my website, there is an article you might find... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: How to have un-wanted house-guests who have over-stayed their welcome out asap in MO?

Hello. Around 5 months ago a friend of mine contacted me (he was homeless) and asked me if him and his GF could come stay with me for a few weeks at my house I own. I said sure. They have now been here 5 months, refuse to get a job, have never paid any money in rent and do not have any kind of a... View More

Anthony M. Avery
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answered on Jan 4, 2023

It is civil jurisdiction only. Hire a MO attorney for this problem eviction action for possession. It may require physical removal by LEO's later. Do not get in a fight or they will have leverage on you. Do not do this yourself.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Missouri on
Q: My parents passed with no will and the house still has a mortgage. How do I get the title in my name? I want to sell it.

The house is currently in the foreclosure process but the attorney for the mortgage company said I should still have time to try and sell. How do I get the house put in my name? What documents will I need? Should I get a lawyer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 3, 2023

First and foremost, I am very sorry for your loss.

As for the house, even though your parents did not have wills, you can start a probate action to be appointed the personal representative of each of their estates. As personal representative, you will have authority to offer their home for...
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1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Missouri on
Q: Need My daughter, her boyfriend, and 3 children to move out of our house. They have been here 3 months no lease
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 31, 2022

Serve them each with a notice to vacate and if they don’t leave have an attorney file an unlawful detainer case.

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 Real Estate Law and Probate for Missouri on
Q: My mother passed away in MO & has a reverse mortgage. How long do we have to sell the home & pay back the loan balance?

MO has a Reverse Mortgage Act. I was reviewing Section 443.903 - Reverse mortgage regulations. (6/4/1997), specifically these statements: 6 (c) The lender's right to collect reverse mortgage loan proceeds is subject to the applicable statute of limitations for loan contracts. Notwithstanding... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Oct 25, 2022

The answer to your question is in the reverse mortgage paperwork your mother signed. The statute of limitations, which is the statute you cite in your question, is a different issue altogether. That is just the time period in which a lawsuit may be filed. Under the circumstances, you should have a... 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 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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