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Sewell Law Blog

Does Your LLC Need a Partnership Representative?

Beginning January 1, 2018, LLCs taxed as a partnership must designate a partnership representative, which must
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A Real Estate Agent’s Commission is Earned When an Enforceable Sale Agreement is Signed

On October 17, 2017, the Missouri Court of Appeals for the Western District, in Whirlwind Properties, LLC v. John John, affirmed that a real estate…
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Lease/Purchase Option Can be a Win for Both Parties

If negotiated fairly, a lease/purchase option can be a win for both parties. The option contract portion of the lease allows the renter to secure…
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What to Consider When Appointing a Registered Agent

Every LLC doing business in Missouri is required by law
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Deed in Lieu of Foreclosure

A deed in lieu of foreclosure is given by a borrower to a
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Missouri Breach of Contract Law

Missouri breach of contract claims are governed by Missouri common law, by Article II of Missouri’s Uniform
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Selling As-Is Real Estate in Missouri

Owners selling as-is real estate in Missouri must disclose to prospective buyers all material information about the real estate that
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Landlord Was Not Responsible for Maintaining Smoke Detectors

A recent Missouri appeals court opinion found that a landlord was not responsible for maintaining smoke detectors. The case involved
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How to Get Around the Due on Sale Clause

The due on sale clause is found in most Missouri mortgages. It is also called an acceleration clause. A Missouri mortgage
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Beware of FIRPTA When Buying Real Estate from a Foreign Seller

FIRPTA, the Foreign Investment in Real Property Transfer Act, is part of the U.S. tax code. It requires buyers of real estate to
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