Missouri Real Estate Lawyer

Owners selling as-is real estate in Missouri must disclose to prospective buyers all material information about the real estate that is known to the seller. This includes defects in the property. Therefore, even as-is sellers of real estate should give a written disclosure statement to prospective buyers prior to entering into a sale contract.

What As-Is Means

Selling as-is real estate means generally that the owner will not be obligated to make, or pay for, any repairs to the property and that the owner is providing no warranties about the condition of the property. However, as to any disclaimer of warranties, the Missouri Supreme Court said the following in 2007: “The presence of a clause disclaiming warranties in a contract does not negate a pre-contractual duty to [disclose].” A “real estate contract specifying the seller was making no representations regarding the condition of the property ‘did not relieve [sellers] of the duty to disclose’ known material facts that were ‘not within the fair and reasonable reach of the [buyers]”.

Disclose Material Information

Selling as-is real estate still obligates sellers to disclose the material information known to them that would not be discoverable by a buyer using ordinary diligence in inspecting the property. By disclosing such information, selling as-is real estate carries less risk of a buyer later making a claim of fraud against the seller. Whether a condition is discoverable by a prospective buyer is not always easy to determine and is a question that the judge or jury must answer.

This article is for general informational purposes only, and it is not intended as legal advice. Sewell Law provides professional legal services in the areas of real estate and business law, including litigation. Please contact Michael Sewell, MBA, JD at (314) 942-3232 or at michael@sewelllaw.net to discuss your legal matters.

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