Real Estate, Business Law, Non-Profit Law

Schedule a Consultation

Call Us Today (314) 862-2237

  • Home
  • Attorneys
    • Marc Jacob
    • Jace Brotherton
    • Firm News
  • Real Estate
    • Commercial LL – Tenant Law
    • Real Estate Litigation
    • Lawyer to Buy A House?
    • Motel/Hotel Purchases and Sales
    • Tenants Rights Law
    • Quiet Title Lawsuit
  • Business Law
    • General Counsel
  • Not-For-Profit
  • Law Blog
    • Legal Resources
  • Contact Us

Failure to Disclose in Residential Real Estate Contracts

Schedule A Consultation

What happens when you buy a home or piece of property and realize that the sellers failed to disclose an important piece of information prior to your purchase? In Missouri, silence or nondisclosure of a material fact (or a lie about a material fact) can be an act of fraud or a breach of contract in a real estate transaction, or may trigger a violation of a Missouri statute, such as the Missouri Merchandizing Purchases Act (MMPA).

Types of Real Estate Disclosures To Be Aware Of

  • Nuisances
    • Anything that appears from a source outside of the property and which may disturb the property holder
  • Presence of Potential Harm or Hazard
    • For example, mold, chemicals, or dangerous physical conditions of the property
  • Repair History of the Property
    • Any repairs or improvements made (or that the Seller should be made to prevent a dangerous or costly condition) to the property, and whether those repairs or improvements were made by licensed or otherwise qualified individuals or companies
  • Damages Due to Wind, Water, Trees, the Elements, or Other Accidents
    • Accidents on the property due to plumbing faults, rain, flooding, tornadoes, acts of nature, or accidents involving someone’s negligence or behavior should be disclosed to Buyers
  • Bankruptcy or Property Liens
    • For example, pending bankruptcy or other litigation
  • Information Regarding Subdivision, Condominium or Homeowners Associations
    • Subdivision, Condominium and Homeowners associations indentures, declarations, bylaws and rules and regulations are binding on all residents and should be disclosed to Buyers

Whether you are the Buyer or the Seller, if you become aware that a potential issue involving false or non-disclosure of material items in the sale of your property, you should consult with an attorney to determine a proper plan of action.

If there is an opportunity to avoid litigation, that is almost always the preferred route, and we understand that litigation can be very costly. We offer a variety of payment plans and help with alternative dispute resolution services in order to help you financially, for those situations where litigation is the best or only option.

Contact us today by clicking here, or by calling us directly at 314.862.2237.

Schedule A Consultation

THE CHOICE OF A LAWYER IS AN IMPORTANT DECISION AND SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS. Information provided on this website is for informational purposes only, and should not be construed as legal advice. Transmission of information from this website or via internet email from this website does not create an attorney-client relationship, nor is it intended to create such a relationship. Links to sites maintained by third parties are for your convenience, but those sites are not endorsed by this law firm. The Jacob Law Firm, LLC also does business as Home Sweet Legal.

Contact The Jacob Law Firm

Putting Clients First. All of our Clients receive the personal attention they expect and deserve.

The Jacob Law Firm,LLC Super Lawyers Logo

Marc Jacob, Esq.
141 N. Meramec, Suite 201
Saint Louis, Missouri 63105
Tel: 314.862.2237
Fax: 314.884.6041
Email: mjacob@marcjacobesq.com

The Jacob Law Firm,LLC Map

Contact Us

Recent Posts

  • Tax Sales & Title Issues in St. Louis County
  • GUEST BLOGGER: Retirees Looking To Homestead Can Use These Tips For Buying A Property
  • Commercial Leasing For Small Businesses
  • How Do I Start a LLC in Missouri?
  • Why Should My Lawyer Review the Home Inspection?

Categories

  • Business Law
  • Quiet Title Suits and Tax Sales
  • Real Estate
  • Uncategorized

Copyright 2015-2022 by Marc Jacob Esq. All Rights Reserved. // Privacy Policy // Site By: The Attorneys ATM. The Jacob Law Firm, LLC also does business as Home Sweet Legal ®.