Missouri Real Estate Law Questions & Answers

Q: I need to know before I file a law suit in Missouri. Can I sue for inconvenience in Missouri?

1 Answer | Asked in Civil Litigation and Real Estate Law for Missouri on
Answered on Oct 16, 2017

Did you pay the whole price of your deal? Did you mention the repair work to be performed by the seller in your sale deed? If yes, then you have a case to sue seller for non-commitment / violation of his deal.
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Q: My son bought a house. he had a home inspection and there were no problems disclosed. After moving in he discovered ma

1 Answer | Asked in Lemon Law, Real Estate Law and Small Claims for Missouri on
Answered on Oct 3, 2017

You retained an inspector to guard against issues such as these and he or she seemingly did not perform the job that he or she was hired to do. So consider litigation if the inspector fails to make good on his or her mistakes.
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Q: if a spouse jointly owns a house & a spouse dies, and that spouse re marries, is it best to add the new spouse

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Sep 27, 2017

That is entirely a personal decision that you have to make.
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Q: Mother died in November...Me,my sister. And brother on mother's home deed and her name. Brother died six weeks ago ..jus

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Jul 25, 2017

Check with MO lawyer.

In Illinois, if deed in joint tenancy, then as each dies, those remaining become owners.
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Q: A business was built next to my home. It was built to where anyone can see over my fence.

1 Answer | Asked in Personal Injury and Real Estate Law for Missouri on
Answered on Jun 30, 2017

You don't have a right to sunbathe in the nude that trumps the right of a property owner to build on their land whatever the zoning code allows. For instance if they want a two story or more building and it's OK by zoning, they could do that.
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Q: Proper is inherited and owned equally by 3 siblings. 1 passes away. Does the deceased's portion pass on to his family?

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Answered on Apr 24, 2017

If it isn't owned as joint tenants then it passes pursuant to your sibling's probated will, or if no will, then pursuant to the Missouri laws of intestacy.
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Q: The inspection of our house in Feb didn't report problems with A/C, too cold to test compressor move in 3-20-17 nopwr ac

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Apr 23, 2017

It would appear that you have no recourse as against the inspector since the inspector seemingly advised you of the problem and knowing of the problem, you had the option of asking that money be held in escrow from the seller's proceeds until the weather allowed for the A/C to be tested, and since you apparently did not do so, then you closed title taking on the risk of it not working properly.
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Q: Home owners assotiations and fines! Fined for dog getting lose and my 14yr old driving to dump the trash with an adult.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Real Estate Law for Missouri on
Answered on Feb 19, 2017

Ask under what section they are fining you as you don't see it in your agreement. If that doesn't resolve it take it to a lawyer who handles HOA disputes.
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Q: Was a beneficiary to a will made in 2007 in Missouri , never notified, really convoluted story with lots of greed ,

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri on
Answered on Feb 16, 2017

Too many questions unanswered here. Was the trust an inter-vivos trust or a testamentary trust? Was it formed during the Trustor's life? Or was it formed after his death under the terms of his will? When did the Trustee begin serving? The extended family member -- was he/she a Trustee of the Trust? Or executor of the estate? If either Trustee or Executor, he or she owed a fiduciary duty to the devisees under the will and/or the beneficiaries of the Trust. Were you a beneficiary under...
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Q: What is the difference between Tenants in Common, Joint Tenants, and Tenants by the Entirety?

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Jan 11, 2017

The simple answer is these are all interests in real property. Tenants by the Entirety is only ownership by a husband and wife. This interest is an undivided interest in real estate. Creditors of one spouse can't generally attach or take the property.

Joint Tenants is an undivided interest in real estate in which upon death of one tenant the surviving tenant(s) get the deceased tenant's interest.

Tenants in Common is an undivided interest in real estate. Upon death, the...
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Q: what is a property abstract

1 Answer | Asked in Real Estate Law for Missouri on
Answered on May 17, 2014

A property abstract is a document that summarizes the history of a particular property. Among other things, it shows the names of all of the owners, the date they took title and who they acquired title from.

Q: If a sale falls through because the home inspection shows major issues does the seller have to update the disclosure?

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Nov 12, 2013

Yes. If they fail to do so, their buyer can sue them for fraud.

Q: A neighbor has built a fence on our property; what shall we do?

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Feb 2, 2013

Legally, you could file a lawsuit seeking a Court Order requiring that the fence be removed from your property. Practically speaking. a lawsuit doesn't make for good neighbors. How big is the encroachment onto your property? Some people in your shoes don't really care about the encroachment, but they want to make sure it's established that it's still your property.You should talk to a real estate attorney in your area about the possibility of preparing an easement agreement between you and your...

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