Recent Missouri Court Cases - Legal Update

By
Real Estate Agent with PREA Signature Realty - www.preasignaturerealty.com

The following recent court decisions 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 purchaser sold home to third party.  Adams v. Cossa, Appeal No. 92601 (Missouri Court of Appeals for the Eastern District)

NEED A SPEAKER TO PROVIDE AN OVERVIEW OF CURRENT CASES AND LIABILITY TRENDS OF INTEREST TO ST. LOUIS REALTORS?  Contact Ryan Shaughnessy at PREA Signature Realty at 314-971-4381.

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PREA SIGNATURE REALTY

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PREA Signature Realty is a full service brokerage located at 1709 Park Avenue in the Lafayette Square neighborhood of the City of St. Louis.  PREA Signature proudly serves the following city neighborhoods:  Lafayette Square, Soulard, Benton Park, Benton Park West, Downtown Loft District, Forest Park Southwest, Central West End, Tower Grove East, Tower Grove South, Compton Heights, Shaw, The Hill, Dogtown, Carondelet, Holly Hills, St. Louis Hills, Dutchtown, and the Other Historic Neighborhoods of the City of Saint Louis, Missouri. 

The opinions expressed herein represent the opinions of the author only and do not reflect the opinions of PREA Signature Realty.  All photos and written content were produced by PREA Signature Realty.  All Rights Reserved - PREA Signature Realty (2009).  This content may not be reproduced or reprinted, except for Active Rain re-blogging, without express written permission of PREA Signature Realty.

For more information, visit our website at www.PREASignatureRealty.com or contact Ryan Shaughnessy at 314-971-4381 or send an email to Ryan@PREASignatureRealty.com

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Rainmaker
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Ann Hayden
Berkshire Hathaway HomeServices Select Properties-St. Louis Missouri - Chesterfield, MO
SelectAnn.com

Ryan,

Do you have any updates or links for cases involving adverse possession?

Ann Hayden in Wildwood, MO

Jul 12, 2010 05:55 AM #1
Rainer
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Ryan Shaughnessy
PREA Signature Realty - www.preasignaturerealty.com - Saint Louis, MO
Broker/Attorney - Your Lafayette Square Real Estate Partner

Ann - There weren't any appellate cases (except unpublished opinions) relating to adverse possession from the 2Qtr of this year. We have handled a fair number of these cases (in the quiet title context) over the years.  If you have a specific question, send me a direct message.

Jul 12, 2010 07:55 AM #2
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Rainer
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Ryan Shaughnessy

Broker/Attorney - Your Lafayette Square Real Estate Partner
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