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Legal Update - Recent Missouri Real Estate Court Cases

By
Real Estate Broker/Owner with PREA Signature Realty - www.PREASignatureRealty.com

Legal Update - Real Estate Cases

The following cases may be relevant to your real estate practice in Missouri:

  • City's real estate "for sale" restriction requiring a certificate of code compliance prior to marketing a home for sale declared invalid.  City of Bellefontaine Neighbors v. Scatizzi, Appeal No. 92965 (Missouri Court of Appeal Eastern District)
  • Attorney's fees incurred to clear title due to filing of invalid mechanic's lien claim recoverable as special damages in slander of title case.  Lau v. Pugh, Appeal No. 29289 (Missouri Court of Appeals for the Southern District)
  • Lender may sue original owner for fraud and negligent representation for non-disclosure of flooding problems - even though there was no privity of contract between lender for purchaser and original owner/seller.  White v. Bowman, Appeals No. 29631 (Missouri Court of Appeals for the Southern District)
  • Assignment by original purchaser of misrepresentation claim against original seller held valid even though assignment occurred after original purchase sold home to third party.  Adams v. Cossa, Appeal No. 92601 (Missouri Court of Appeals for the Eastern District)

Case Summaries provided courtesy of Ryan Shaughnessy / Shaughnessy & Silies, L.L.C.