What is a Side Letter Agreement in Real Estate?
What is a Side Letter Agreement? “A Side Letter Agreement is an agreement considered separate and apart from the underlying contract but facilitative of the underlying contract” A side letter …
How it Works
What is a Side Letter Agreement? “A Side Letter Agreement is an agreement considered separate and apart from the underlying contract but facilitative of the underlying contract” A side letter …
570.095. Filing false documents, offense of, elements — penalty, enhancement — restitution, when — system to log suspected fraudulent documents, procedure. — 1. A person commits the offense of filing false documents …
Top 10 Creative Financing Techniques Sometimes a loan from your bank isn’t going to meet your needs. Below are ten techniques to get your creative financing wheels turning! Interest-only loans — If you …
INVESTMENT FIRMS MAKING IT DIFFICULT FOR FIRST TIME HOME BUYERS Democratic lawmakers are scrutinizing whether the American dream of a suburban home and white picket fence is being seized …
On July 2, 2020, Governor Mike Parson signed Senate Bill (SB) 591, which makes a number of reforms to the Missouri Merchandising Practices Act (MMPA) and statutes governing the standards and …
INVESTOR SERVICES Our office assists in connecting BUYERS and SELLERS of NON PERFORMING REAL ESTATE ASSETS and NON PERFORMING REAL ESTATE NOTES. NON-PERFORMING REAL ESTATE ASSETS Inherited Properties – You …
Kansas Marital Property Law and Real Estate Law “Marital property” is the legal term that refers to all of the possessions and interests acquired after a couple gets married. …
America conceives of itself as an “ownership society”. Nearly two-thirds of U.S. households own their home, and the idea of renting is inseparable from ownership in the U.S. context. Renting …
EVERYTHING YOU NEED TO KNOW ABOUT REAL ESTATE CONTRACTS A real estate contract is a contract between parties for the purchase and sale, exchange, or other conveyance of real …
How Interest Rates Affect Property Value Interest rates, especially the rates on interbank exchanges and Treasury bills, have as profound an effect on the value of income-producing real estate as …
One of the first steps in evaluating a commercial property is determining the total rentable square feet. While this might seem like a straightforward calculation, it, unfortunately, doesn’t always …
As you prepare to finance a new home, chances are you’ve come across mortgage pre-approval, mortgage pre-qualification, or possibly even both. So what does it mean to get pre-approved vs. …
Short-Term Rental Restrictions and Home Owners Associations If the Association’s declaration prohibits rentals (short-term or long), then the HOA can likely enforce the prohibition unless there is some other reason …
WHAT IS A PETITION FOR PARTITION AND WHEN IS IT USED? What can be done when a piece of real estate has two or more owners and one owner …
Before your buyers write that earnest money check, find out the purpose of an Earnest Money Deposit (EMD), how to avoid costly mistakes on the home purchase and ways to …
One of the most important steps in the contracting process can be hiring a contract lawyer to review your written agreements, as the wording and format often have to be …
SPEAK DIRECTLY WITH AN ATTORNEY NOW !! Our office offers online legal video/audio consultations directly with Real Estate Lawyer and Broker Mark Roy. You pick the day and time – …
IS A CONTRACT VALID IF NO EARNEST MONEY IS EXCHANGED? A real estate contract is valid whether there is an earnest money deposit or not. While a contract, to …
Seller financing is when you get a mortgage to buy a home from the home’s seller instead of a bank. Let’s review when this approach is suitable, as well as …
What is the Attorney Review Period in a Real Estate Contract? Many states have statutes that provide for an attorney review period. Kansas and Missouri are not one of those …
CAN A SELLER REQUIRE A BUYER TO USE A PARTICULAR TITLE COMPANY? YES AND NO Section 9 of the Real Estate Settlement Procedures Act (RESPA) prohibits a seller from requiring …
POSSESSION IS NINE-TENTHS OF THE LAW Possession is a key issue in real estate transactions and possession does not always transfer at the time of closing. Standard real estate contracts …
What Is a Partial Release? The term partial release refers to a mortgage provision allowing some of the pledged collateral to be released after there is partial satisfaction of the …
REALTOR DANGER SIGNS FOR HOME SELLERS Real estate agents are people, and as with all industries, there are some who you prefer to work with, and some you don’t. When …
What Is A Property Survey? A property survey confirms a property’s boundary lines and legal description. It also determines other restrictions or easements included in the property. While you can …
The Kansas City housing market is intense, with soaring prices and limited availability challenging the city’s reputation for affordability. Nationwide, record-low interest rates and rising demand are met with a …
Typical Steps in an FSBO Home Sale Transaction To successfully complete the sale and legal transfer of one’s home, the following steps are generally taken: 1) The property must be …
If you’ve noticed a person in an orange vest carrying around a brightly colored tripod with a metal device on top, you’ve likely come across a property surveyor. Property …
Save to Pinterest We all learned how to share as children, but that concept tends to work easier with crayons and cookies rather than property.Take a shared driveway, for instance. …
When homeowners sell the family home to a loved one, they may wish to do so at a discounted rate. When this happens, the difference between the home’s market value …
A land patent is a form of letters patent assigning official ownership of a particular tract of land which has gone through various legally proscribed processes – such as surveying …
When homeowners sell the family home to a loved one, they may wish to do so at a discounted rate. When this happens, the difference between the home’s …
Here are some of the most common HOA rules violations you should know about: 1. LandscapingHOAs are responsible for the community’s curb appeal, so expect yours to have rules about …
At first blush, short-term rentals seem like a win-win situation. You can find a nice place to stay for a few nights, and it is frequently cheaper than booking a …
Real Estate Law, Deeds, Purchase Contracts, Review Contracts, Real Estate Disputes, Realtor Disputes, Buyer Representation, Seller Representation, Discounted Commission Representation, Contract Assignment, Wholesaling, Leases, Commercial, Residential, Draft Real Estate Contracts, …
Quitclaim Deed Quitclaim Deeds can be complicated legal documents. They are commonly used to add/remove someone to/from real estate title or deed (divorce, name changes, family and trust transfers). Last …
Grant Deed A grant deed is a legal document that is used to transfer (convey) rights in real property from one entity or person (the grantor) to another (the grantee). …
Correction Deed – Correcting A Recorded Deed Once a deed has been recorded, it is part of the public record and cannot be changed. It is possible, however, to amend …
Transfer on Death Deed Setting up real estate to be transferred upon your death. Real estate is often one of the most significant assets to consider in a comprehensive estate …
Affidavit of Deed Protect Yourself from Unrecorded Real Estate Transfers In general, a real estate deed must be delivered to and accepted by the grantee(s) to be properly executed or …
An Estoppel Certificate (or Estoppel Letter) is a document often used in due diligence in Real estate and mortgage activities. It is a document often completed, but at least signed, by a tenant used in …
What Buying Subject-To Means Buying subject-to means buying a home subject to the existing mortgage. It means the seller is not paying off the existing mortgage. Instead, the buyer is …
Have you claimed the first-time homebuyer tax credit? For some buyers, it’s time to start repaying Uncle Sam. Introduced in 2008, the first-time homebuyer tax credit originally was a type …
The Assignment and Assumption Agreement An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party’s rights and obligations to …
IS AN ORAL AGREEMENT FOR THE SALE OF REAL ESTATE ENORCEABLE? Generally, a verbal contract is binding in Missouri. However, there are certain circumstances in Missouri when a verbal contract …
Checklist of Closing Documents for Home Buyers So, what kind of paperwork will you have to sign when you close? While the process can vary from one borrower to the …
What Is a Final Walkthrough? A final walkthrough is just like it sounds—it’s a walk through the house you’re about to buy. It’s an opportunity for you and your real …
What Is a Special Warranty Deed? Although general warranty deeds are more common in residential real estate transactions, there is one area where the special warranty deed becomes the norm. …
How Much Should an HOA Have in Reserve? Choosing to live in a condominium complex or gated townhouse community certainly has many perks as to the maintenance of the property. …
Ways Inflation Affects the Real Estate Market Inflation from January 2007 through December 2016 was extremely low, averaging only 1.77% per year in the U.S. and 2009 was actually negative …
Buying or selling a home can be a complicated process. Sometimes, homebuyers have trouble qualifying for a mortgage. Other times, sellers yearn to cut through the red tape and net …
https://kcrealestatelawyer.com Our office gets calls everyday from home purchasers who discover after taking possession that there is a Material Defect to the property purchased – defective sewer line, defective foundation, …
The Kansas City Real Estate Market: Investor’s Guide For 2021Jeff RohdeWritten by Jeff Rohde Kansas City has been named as one of the top 10 housing markets for buyers to …
Missouri prohibits sex offenders from living within 1,000 feet of a public or private school up to the 12th grade or childcare facility which existed at the time the offender …
MAKING CHANGES AFTER CONSTRUCTION STARTS Have you always wondered how you go about making changes to your house plans once the project is already underway? Or, perhaps you are in …
Experts Predict What The Housing Market Will Be Like In 2021Brenda RichardsonBrenda Richardson Senior Contributor The housing market is largely being driven by a shortage of available housing inventory. The …
Housing Inventory in 2021 Although the housing market is healing and by many measures doing better than before the pandemic, inventory remains housings long haul symptom. There were an insufficient …
2021 TRENDS: Suburban Migration With remote work becoming much more common, home shopping in suburban areas had a stronger post-COVID lockdown bounce back than shopping in urban areas, starting in …
2021 TRENDS: Millennials & Gen Z The largest generation in history, millennials will continue to shape the housing market as they become an even larger player. The oldest millennials will …
2021 TRENDS: Remote Work The ability to work from home is not new. In fact, as long ago as 2018, roughly one-quarter of workers worked at home, up from just …
While it is no surprise that homeowners want to maximize the value of their property, it might come as an eye-opener that proximity to certain grocery stores can substantially improve …
The National Association of REALTORS identified the top 10 markets that have shown resilience during this pandemic period and that are expected to perform well in a post-COVID-19 environment. In …
What Is a Limited Partnership (LP) A limited partnership (LP) not to be confused with a limited liability partnership (LLP) is a partnership made up of two or more partners. …
13 Nationwide Housing Market Predictions for 2021 Unemployment rates will continue to improve There will be a slight uptick in mortgage defaults Lending standards will loosen There will be a …
Every business decision is followed by a lot of anxiety. That’s because there is a variety of issues that may occur before, during and/or after it. Transactions are one of …
Buying a home isn’t just a simple purchase; its also a legal transfer of a property from one entity to another. Because the legal side of this transaction can be …
Despite federal ban, renters still being evicted amid virusBy MICHAEL CASEYNovember 29, 2020 The 46-year-old, who was hospitalized in August for the coronavirus and cant work due to mental health …
RESPA Real Estate Settlement Procedures Act The Real Estate Settlement Procedures Act (RESPA) provides consumers with improved disclosures of settlement costs and to reduce the costs of closing by …
2015 Missouri Revised StatutesTITLE XXXVI STATUTORY ACTIONS AND TORTS (521-538)Chapter 535 Landlord-Tenant ActionsSection 535.300 Security deposits, limitation–return of deposit or notice of damages, when–withholding deposit, when–tenant’s right to damages–security deposit …
States With Common Law Marriage Colorado: Common law marriage contracted on or after Sept. 1, 2006, is valid if, at the time the marriage was entered into, both parties are …
NON-MARITAL COHABITATION AGREEMENT MISSOURI IS NOT A COMMON LAW STATE. KANSAS IS A COMMON LAW STATE. IF A COUPLE IS MARRIED UNDER COMMON LAW IN ANOTHER STATE, MISSOURI MUST RECOGNIZE …
Selling a house can be expensive, complex and time-consuming, so its a huge relief to everyone involved when a deal is struck and the sale closes. But what if …
Sellers may have a variety of reasons for trying to back out of an accepted purchase agreement. Among them: The seller gets a higher offer from another buyer. The seller …
What States Recognize Tenancy by the Entirety? These states recognize tenancy by the entirety: Alaska, Arkansas, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Missouri, …
A survivorship affidavit (sometimes called an affidavit of death or affidavit of continuous marriage) is a legal document used to remove a deceased owner from title to property by recording …
What effect does the death of an owner of real estate have on the title to real estate? When a person who owns real estate passes away, depending on the …
The rules of home affordability Mortgage lenders use something called qualification ratios to determine how much they will lend to a borrower. Although each lender uses slightly different ratios, most …
Whether youare interested in snapping up a bargain home and renovating it to meet your needs, or you have a kitchen full of outdated appliances that you would like to …
REAL ESTATE TRANSACTION RED FLAGS 1. Documentation includes deletions, correction fluid, or other alteration2. Different handwriting or type styles within a document3. Buyer currently resides in subject property4. Seller is …
Pros of Using a New LLC Every Deal Ownership structure: Perhaps you are working with several different owners on a new deal. It makes sense to have a new LLC, …
1. Scaling Without Systems In Place I see a lot of property managers that fail once they hit a certain scale because they don’t have systems in place. They get …
You have been sued. First, you panic. Then, you think about how to defend yourself. One of the best ways to fight back when you are being sued is through …
The retail industry has been experiencing disruption due to technological innovations that have pushed a growing number of consumers to mobile purchases and e-commerce transactions. In 2017, nationwide e-retail sales …
Overview Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the notary) identifies signers to screen out impostors and to make sure they …
What is an Affidavit Of Title? An affidavit of title is a legal document provided by the seller of a piece of property that explicitly states the status of potential …
Learn about Medallion Signaute Guarantee Stamps
Virtual Assistant Digital nomads and side hustlers all over the world start out as a virtual assistant (aka VA). VAs don’t have to ever meet their clients in order to …
Learn about Missouri Easement Law
If you enjoy keeping up to date with market trends, following respected real estate blogs, or are addicted to HGTV, you might have more in common with a real estate …
Learn about the future of real estate technology
Future Of Real Estate Agents A growing disconnect between homeowners and real estate agents is among the biggest changes happening in real estate investing. Many find themselves asking: Is it …
Probate real estate has proven time and time again that it deserves a place amongst today’s best acquisition strategies. At the very least, investors who are able to acquire houses …
Seller financing can be a useful tool in a tight credit market. It allows sellers to move a home faster and get a sizable return on the investment. And buyers …
What is a Master Lease? Dictionary.com defines a master lease as a controlling lease under which a lessee can sub-lease a property for a period not extending the term of …
What Is Owner Financing? Owner or seller financing means that the current homeowner puts up part or all of the money required to buy a property. In other words, instead …
Rental property investing will require prospective buyers to consider a number of factors, not the least of which are outlined below. A good rental property is contingent on both tangible …
Tax Laws for the Seller of a Contract for Deed Can I Deduct Interest on a Rent-to-Own? In cases where qualified buyers are scarce, selling a home through a contract …
Chances are that the world returns to normal. From SARS to Bird Flu to Ebola, it seems there is always some type of health scare that we are told will …
As Americans sit at home watching the value of their retirement funds crater, it is no surprise the spring housing market is about to crater as well. Home sales could …
By Ted James How to Find and Buy the Home of Your Dreams Whether its your first or fifth home purchase, buying a new place is always exciting. At the …
Acceptance of an Offer The second stage of contract formation is the acceptance of an offer by the offeree. An offeror is the person who makes an offer and the …
Flat Fee Legal Protection for Buyers and Sellers of Real Estate LEGAL PROTECTION for your REAL ESTATE TRANSACTION. Have an attorney review your documents before signing or if you do …
Banks, financial institutions, and other lenders often make loans to trusts or loans that are guaranteed, collateralized, or otherwise supported by trusts. Lenders should perform due diligence for a trust, …
What is Recording? Recording is the act of putting a real estate document into the official records at the County Recorders or Recorder of Deeds Office. Usually, the types of …
https://flatfeelegalprotection.com LEGAL PROTECTION for your REAL ESTATE TRANSACTION Have an attorney review your documents before signing or if you do not have an agent, our office can draft all the …
A transmutation agreement is a postnuptial agreement that changes the character of the spouses property from community to separate, or vice versa. It may be used to change the character …
What does prepaid mean? Prepaid items are exactly what the name implies – payments made in advance of the monies due to obtain your new loan. These amounts are often …
If you are seeking a business structure with more personal protection but less formality, then forming an LLC, or limited liability company, is a good consideration. If you are seeking …
If you ask a realtor whether to hire a real estate agent or a lawyer to buy a house, you can expect the realtor will suggest hiring an agent. On …
Risks and realities of the contract for deed While contracts for deed offer some advantages over a traditional mortgage, such as speed and simplicity, they can entail distinct risks for …
This article gives a short overview of evictions (unlawful detainers) from a landlord’s perspective. When you, the landlord, need to evict a tenant, you may not use self-help measures to …
Homeownership is a rite of passage many of us dream of. Owning a home means putting down roots and having a space that is truly yours. It’s a significant moment …
Everyone who applies for housing has the right to be treated the same. The Fair Housing Act was created with the goal of advising landlords, lenders, buyers, and renters …
When two or more individuals own property — whether it’s a condominium, a home, or a piece of land — the relationship between the owners is very important. The form …
Another potential blow has been struck against the longstanding way in which real-estate agents get paid. In April, the Department of Justice wrote to CoreLogic, a real-estate software provider. …
BUYING A HOME IS AN EXCITING AND EMOTIONAL TIME FOR MANY PEOPLE. TO HELP YOU BUY YOUR HOME WITH MORE CONFIDENCE, MAKE SURE YOU GET OWNER?S TITLE INSURANCE. HERE?S WHY …
Building a custom home gives you complete control over every aspect of the design. There are dozens of architectural styles to base your custom home on, from historical approaches to …
Here is a possible scenario: Your current home is sold and you must close on your existing home in order to close on a new one. You have to have …
1. Death in the Home 2. Neighborhood Nuisances 3. Hazards 4. HOA Information 5. Repairs 6. Water Damage 7. Missing Items 8. Other Possible Disclosures 1. Death in the Home …
1- Failing to Require Personal Appearance Personal appearance is the very foundation of notarization. Except in the few states where online or remote notarization has been legalized, personal appearance is …
What Are You Required to Disclose When You Sell Your Home? When you set out to sell a house, most states require you to make certain ?disclosures.? Disclosures refer to …
Almost every single loan generated to buy a home contains a due on sale clause. This clause is important if a homeowner wants to sell the home without paying off …
Assignment of contracts is the legal transfer of the obligations and benefits of a contract from one party, called the assignor, to another, called the assignee.3 What assignment of a …
Generally, real estate brokers/ agents fall into four categories of representation: Seller’s Agents, commonly called “listing brokers” or “listing agents,” are contracted by owners to assist with marketing property for …
Should You Buy A Home In 2019? Buying a home is one of the most important financial decisions a person will make. Deciding to buy a home comes down to …
REAL ESTATE CONTRACT CONTINGENCIES For those who aren’t familiar, a contingency is a statement (a stipulation it’s sometimes called) that is added to your contract that will allow you the …
MARITAL WAIVER IN MISSOURI Title companies are required as part of their job to request information in a real estate transaction. One of the most frequent requests involves requesting information …
WHAT ARE THE BENEFITS OF SELLING YOUR HOUSE FOR SALE BY OWNER WITHOUT A REALTOR? The biggest reason to consider some form of FSBO is the money you may save. …
SOURCE UNKNOWN HTTPS://FSBOMIDWEST.COM FSBO VS. AGENT Have you seen the claim that research shows that real estate agents sell homes for 13% higher prices than people who sell their homes …