The legal aspects of Real Estate Law pertain to far more than a home.
Real Estate or Property Law covers a wide range of areas, including:
- Property tax
- Alternative dispute resolution
- Acquisition and development
- Redevelopment incentives
- Land use and zoning law
- Condemnation law
- Residential real estate contracts
- Commercial real estate contracts
- Residential non-disclosure litigation
- Landlord/tenant disputes
We provide experienced services for all of these and other real estate topics.
Chances are, if you have built, purchased or sold a home, have an HOA, pay taxes, leased a property or have neighbors, you have been involved in some type of real estate law transaction.
No one should buy or sell a house without consulting a real estate attorney. This is usually the biggest investment of your life. Realtors provide a valuable service in marketing and staging your home or helping you find the home best suited for your lifestyle and budget. However, Realtors are prohibited by law from giving legal advice.
In Missouri, when a married couple purchases titled property or opens a joint account the law presumes Tenancy by the Entireties. The creditors of only one of the couple cannot reach the asset for collection.
A married couple opts out of Tenancy by the Entireties by designating joint tenancy or JTWROS (joint tenancy with the right of survivorship). The creditor of one can, in that case, sell the asset and pay the other spouse one-half. The real estate industry knows this so most deeds say husband and wife and thus fall into the default and safer Tenancy by the Entireties.
By denoting joint tenancy, banks, investment institutions, and car titles often inadvertently elect out of the safer way (and assumed by law) for spouses to own property.
Two of our recent cases involve single mothers whom each purchased homes without an attorney.
One case involved the property line running through the house.
In the other case the “house flipper” cosmetically covered up structural defects that will require piers to be inserted under the foundation to support the home.
Contact Us before you buy or sell your home and on any other real estate related matter. The Quitmeier Law Firm can make your sale or purchase smoother and help you avoid expensive and stressful litigation after the sale.