Real Estate Law in Missouri

What Is Real Estate Law?

Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home. 

Whether or not you are a property owner or tenant, you have rights under Missouri real estate law. Not all residential and commercial real estate transactions execute perfectly. Sometimes unexpected issues can occur such as property rights, access, liabilities, and more. Furthermore, legal matters involving real estate transactions are often complex and are not just limited to the property owners.

Types of Real Estate Law Disputes

Disputes involving real estate in Missouri are very common and some of them are quite complex. They often require the intervention of the courts. Typically courts are seen as the most biased party.  Learn more about the different types of real estate disputes below.

Escrow Deposit 

If you decide to purchase any Missouri property, there are certain steps anyone who is involved must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.

Easement Real Estate Dispute

Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Missouri property deeds.

For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.

Landlord/Tenant

Disputes often arise when Missouri landlords and tenants cannot agree on repairs, rent arrears, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other.

Missouri legislation also has provisions for specific situations that your attorney can assess. For example, the illegal use of a property for gambling immediately makes a lease null and void. The same principle can apply to using illicit drugs and other activities that cause harm to others. While these can be common concerns, an attorney may help you identity lesser-known ways to deal with a problem.

Contract Breaches

No Missouri real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Missouri without a valid mutually beneficial contract.

Fraud/Omissions

Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with Missouri real estate lawyers to straighten things out.

Revised Statutes of Missouri defines mortgage fraud as a felony-level violation of the law. Scheming, coercing, or influencing others in a real estate transaction carries heavy penalties. The law also has clear definitions of what rises to the level of a violation. As well, it includes examples of exceptions. As a result, it’s difficult to shift through the complexities and identify a defense without legal training.

Boundary Lines

Property line disagreements usually occur when adjoining Missouri property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Missouri property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.

Ownership

Determining the rightful owner of a property in Missouri is not always easy. For instance, ownership issues are common when an owner verbally transfers ownership without documentation. Or, when someone bequeaths their real estate to another without going through the proper process. There can also be other parties with ownership rights, such as certain lien holders. 

Liens

Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be clear before you can secure a mortgage or financing.

Missouri law says the rendition of a lien judgment lasts for ten years. Before 1998, that period would typically only last for three. Unless you lift this burden, creditors can even refile for the same action after a decade passes.

What Should You Do If You Are in a Real Estate Dispute in Missouri ?

If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, it’s best to speak with an experienced Missouri real estate lawyer. Regardless of the issues you are facing, you can benefit from having legal guidance.

Learn About Real Estate Law

Missouri real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.

Work With an Experienced Real Estate Attorney in Missouri

Real estate disputes make up the majority of litigation cases. Still, not all issues require you to go to trial. You should work with Missouri lawyers that have the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.

Get the legal help you need now. We help Missouri landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Missouri state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

If you still have some urgent questions about your situation, take a look at another area of Missouri law.

Auto Accident Injury

Bankruptcy

Business Law

Child Birth Injury

Child Custody

Child Support

Consumer Law

Copyright Law

Criminal Defense

Debt Collector Harassment

Divorce Law

DUI Law

Employment Law

Eviction Law

Foreclosure Defense

Identity Theft

Immigration Law

Insurance Claims

Lemon Law

Medical Malpractice

Nursing Home Abuse

Patent Law

Personal Injury Law

Power of Attorney

Probate Law

Property Disputes

Social Security Disability

Tax Law

Traffic Law

Vaccination Injury

Workers Compensation

Workplace Discrimination

Wrongful Termination

Wills and Trusts

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