Missouri Real Estate Law Questions & Answers
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.
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 »
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 »
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.
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 »
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.... Read more »
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 »
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.
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?
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 »
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 »
A member of the LLC can rent just like a normal tenant. How it would affect taxes is a better question for your accountant.
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 »
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 »
Q: How do I initiate a hostile land grab
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.
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
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.
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?
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.
Q: I am looking at a lot in an established subdivision that is not currently zoned. Can I place an RV trailer on the lot?
The homes in this subdivision are site built. The lot is heavily wooded.
You should check with a title company to see if there are covenants and restrictions on file for the subdivision. If not, a mobile is likely fine. If there are, read them and see if they restrict mobiles.
Q: How to get a judgment lien by a roofing company (corporation) removed when the corp. is no longer in business.
The judgment was obtained in Missouri on property (dwelling) in the same state and a lien placed on it. Corp. is no longer in business. Lien is seven years old. I'm looking to sell the dwelling at end of year.
Interesting legal situation. Perhaps file a motion with the court to have the judgment deemed satisfied. I’m not confident that a court would grant such a motion, however.
Research what acts, if any, a dissolved corporation may conduct. For example, may it collect debts owed to it?
Q: What do I do if I want a piece of land to put a camper on for the best price I plan on putting a garden on it and living
On it as a forever residence could there be a way to pay an owners unpaid property tax and gain a title to the land that way
You can purchase property at a tax sale. But you will need to consult an attorney familiar with the process of getting the deed to the land in your name.
Q: How do I determine if a rental property meets health and safety codes?
I just signed a lease for an apartment and was set to move in this weekend, but found that it was a) left in a filthy state by the previous tenant (dirt and grime caked to the floor, dog hair, etc) and had enough cockroaches that the cleaning service I hired wouldn't clean due to sanitation... Read more »
You determine if it meets any codes by identifying the codes and checking with the governing authorities that enforce such codes.
Q: Is paying the collector the sum of the back taxes after property is sold back taxes the only requirement to redeem it?
Property was sold for back taxes but will redeeming (paying back taxes) it include all the current leins and incumberences be still attached?
Once the property has been sold you have to pay more than the back taxes to redeem it. You also have to pay the buyers all of their money they paid, including fees and costs, if they are willing to sell.
Q: Rights of Buyers with a Seller that is now wanting to back out of sale due to title issues.
We entered a sales contract with a VA loan to downsize with a seller to purchase a villa (no HOA fees, dissolved fifteen years ago that owner has been aware of) that was marketed/priced/appraised with a pool/yard privately fenced. The pool was included in Seller disclosure as part of the sale.... Read more »
Your rights in this situation are dictated by the sale contract between you and the seller. Generally, if a seller breaches the agreement you can sue for specific performance of the contract. You could sue for damages, but you have to show monetary loss and lost time is not generally compensable.... Read more »
Q: Can missing the deadline on a 72-hour "kick-out" provision on a P&S agreement void the P&S?
The prospective buyer placed a contingency on the P&S of selling his house first. Another offer was placed on the house which triggered the 72-hour "kick-out," meaning the buyer had to take away his contingency or the P&S was void. The buyer missed the deadline by a couple of hours. He seems to... Read more »
The contract language governs. If you have uncertainty, pay an attorney near you to review the contract and give you advice. I have no idea why the buyer is interpreting differently than you are.
Q: I was released from an apartment lease after 2 months. Can I sue for deposit and 2 months rent? I was told all repairs
Would be made before moving in. No repairs were made and I was told they weren't going to be made because of cost. After 2 months I was released from lease. Made all rental payments on time. Can I take to small claims court? Do I sue apartment management or owners?
You could sue your landlord in small claims court for up to twice the amount wrongfully withheld, so long as the total is less than $5000.
If you can prove that a misrepresentation was made about the security deposit, it might be worth consulting with an attorney who has experience with... Read more »
Q: My name is on house I built in '84'. Added daughter & son in law in 2005. I moved out in 2006, what rights do I have?
In 2017, I filed a quick claim deed (real state tax came in my name only) but they have never refinanced to take my name off. I cannot get a loan for car, cause house payment is higher than my income. What rights do I have?
If you added your daughter and son and law and kept your name on title, you have rights as an owner of the home. If you Quitclaimed to them and took your name off the deed you are no longer an owner. But you can force them to refinance because your mortgage agreement provides that you cannot... Read more »
Q: Floors have holes and mold everywhere and bugs landlord won't fix and taken us to court over rent we have 5 kids
Big hole in kitchen where my 23month old twins fell in to floor
You didn't ask a question, but if you want to know what to do, the answer is to meet with an attorney knowledgeable with landlord tenant law. Most importantly, don't ignore the suit or a default judgment will likely be taken against you.
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