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Sewell Law Blog

as-is real estate

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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breach of contract

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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deed in lieu

Deed in Lieu of Foreclosure

A deed in lieu of foreclosure is given by a borrower to a
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registered agent

What to Consider When Appointing a Registered Agent

Every LLC doing business in Missouri is required by law
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lease/purchase option

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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real estate agent's commission

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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partnership representative

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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charging order

Missouri Charging Order

A charging order can be an effective way to collect on a judgment. A person who obtains a judgment is
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expert witness

The Expert Witness Under Missouri Law

Missouri has amended section 490.065 relating to the expert witness.
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prohibited transactions

Self-Directed IRA LLCs and Prohibited Transactions

Prohibited transactions occur when a
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partnership representative
17131050 - an accountant at work in the office with calculator

Does Your LLC Need a Partnership Representative?

Beginning January 1, 2018, LLCs taxed as a partnership must designate a partnership representative, which must
Read More
real estate agent's commission
39395927 - top view of handshake of a real estate agent and a client.

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…
Read More
lease/purchase option
45940884 - win-win situation - business concept

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…
Read More
registered agent
46495055 - summons word on an envelope or letter being served to offficially notify you of an obligation to appear in court for jury duty, a legal case or lawsuit

What to Consider When Appointing a Registered Agent

Every LLC doing business in Missouri is required by law
Read More
deed in lieu
26506093 - open hand raised, stop foreclosure sign painted, multi purpose concept - isolated on white background

Deed in Lieu of Foreclosure

A deed in lieu of foreclosure is given by a borrower to a
Read More
breach of contract
69733443 - breach of contract rubber stamp. grunge design with dust scratches. effects can be easily removed for a clean, crisp look. color is easily changed.

Missouri Breach of Contract Law

Missouri breach of contract claims are governed by Missouri common law, by Article II of Missouri’s Uniform
Read More
as-is real estate
55385425 - home: for sale sign with agent and couple in back

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
Read More
landlord was not responsible for maintaining smoke detectors
45379685 - smoke alarm installation

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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due on sale clause
12547632 - promissory note

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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FIRPTA
4637940 - red for sale real estate sign in front of house with blue star-burst in sky.

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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