Do I Have to Disclose Problems When Selling As-Is in Missouri?
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An as-is contract tells the buyer you will not fix anything. It does not let a seller hide what they know. Missouri's written rules are short, and fraud law covers the rest.
What Missouri Statutes Require
Under RSMo 442.606, a seller who knows a property was used to make methamphetamine must say so in writing, whether or not anyone was convicted. The same section covers premises tied to certain drug manufacturing convictions.
RSMo 442.600 goes the other way. A house that was the site of a death, homicide, suicide or felony, or where an occupant had HIV or another illness unlikely to spread through living there, is not a fact the law makes you disclose. Silence is allowed. A false answer to a direct question is a different problem.
The Federal Lead Paint Rule
For housing built before 1978, the EPA and HUD disclosure rule (42 U.S.C. 4852d) requires the seller to disclose known lead paint and hazards, hand over any reports, give the buyer the pamphlet Protect Your Family From Lead in Your Home, put a Lead Warning Statement in the contract, and offer a 10 day window to test unless the buyer waives it. Much of the housing in St. Louis City and the older inner suburbs predates 1978, so this form shows up on a lot of local sales.
Known Defects and Fraud
Missouri has no statute that makes every seller fill out a defect checklist. On listed sales, agents usually hand sellers the Missouri REALTORS seller disclosure form. Either way, covering up a known problem, such as painting over a water stain or calling an old roof new, can support a misrepresentation claim after closing.
Selling to a Cash Buyer
We walk the house before we write an offer and price the repairs ourselves. Tell us about the wet basement, the cracked sewer lateral or the fuse panel. Telling us does not mean you fix it. The written offer accounts for it, and the contract says we buy as-is.
Common Questions
Do I have to disclose a death in the house in Missouri?
No. RSMo 442.600 says a death on the property, including a homicide or suicide, is not a material fact that must be disclosed in a sale.
Does a cash sale skip the lead paint form?
No. The federal rule applies to most sales of housing built before 1978, cash or financed. EPA lists a few exemptions, such as foreclosure sales.
What if I inherited the house and know nothing about it?
The duties turn on what you know. Say in writing that you never lived there and have limited knowledge, and pass along any reports you find.