Seller’s Disclosure Missouri: What to Disclose, Exemptions, and Penalties 🚩

✏️ Editor’s Note: Realtor Associations, agents, and MLS’ have started implementing changes related to the NAR’s $418 million settlement. While home-sellers will likely save thousands in commission, compliance and litigation risks have significantly increased for sellers throughout the nation. Learn how NAR’s settlement affects home sellers.

95% of homebuyers discover issues with their properties after the closing process. 60% of sellers do not disclose defects in their homes to potential buyers. Hiding defects whether intentionally or not can lead to potential lawsuits in Missouri. 

A seller disclosure is a document that informs the buyer about defects in a house. So you must fill this document accurately and honestly. It helps with offering legal protection, enhancing credibility, and reducing complications during the home inspection process. 

If you wish to sell your home in the Show-Me-State, enlist the help of a Flat Fee MLS service like Houzeo. Your home will be on the MLS in 24–48 hours. Houzeo automatically assigns the right disclosure paperwork which makes the selling process hassle-free.

✍️ Is Seller’s Disclosure Required in Missouri? Yes, filling a seller disclosure form is mandatory in the state of Missouri. All forms are provided by the Missouri Association of Realtors.

What Is a Seller’s Disclosure?

A seller’s disclosure is a legal document that homeowners must give to potential buyers. It contains information about the property’s condition, history, and any known issues that could impact its value or safety.

Moreover, seller disclosure ensures transparency in real estate transactions. It also helps to minimize legal risks and attract serious buyers. Overall, it makes the selling process smoother.

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What Must Missourians Have to Disclose When Selling Their House?

Here are the few things you have to disclose while selling a house in Missouri:

• Structure and Appliances: You have to inform buyers about any leakage problems in the structure of your home. You have to mention whether your property’s HVAC, electrical, mechanical, sprinkler, or plumbing systems are up to date.
• Natural Hazard Disclosure: You should reveal if the property is located in an area prone to natural hazards. This information helps buyers assess risks associated with the property.
• Soil Boundaries: Disclose if the foundation of your building has shifted or sunk because of the type of soil underneath it. This is important information for potential buyers to know because it can affect the stability of the structure.
• Termites, Pests, and Wood-Destroying Organisms: Termites, dry rot, and other pests classified as wood-destroying organisms (WDOs) should be disclosed.
• Hazardous Substances: Missouri law says you have to tell buyers if the property was ever used to make methamphetamine. You also need to disclose if there are any dangerous materials like lead paint or asbestos that you know about.

What Do Sellers Not Have to Disclose?

You are not required to disclose the following as part of Missouri’s seller disclosure requirements:

• Suicide or death from natural or accidental causes unrelated to the property’s condition.
• If the property is Haunted or not.
• Anyone who lived on the property and had AIDS or HIV.

Missouri Laws for Seller Disclosure

In Missouri, failure to disclose necessary information can lead to legal issues. You need to disclose any history of methamphetamine production on the property, as needed by Missouri Rev. Stat. § 442.606.

Furthermore, you must reveal potential environmental concerns as per Missouri Rev. Stat § 260.213. You should disclose the location of any solid waste disposal site or demolition landfill on the property. You also need to inform buyers about being responsible for fixing any problems that might require action from the state.

Consequences of Lying on Missouri Seller’s Disclosure

You will face severe consequences if you lie on the Missouri Seller’s Disclosure Notice. It could include legal action by the buyer, who could seek damages for undisclosed defects. You may also face civil penalties, including fines. Furthermore, negligent misrepresentation or fraud claims may hold you liable.

Tips to Minimize Issues in Missouri Seller’s Disclosure Form

Here are the tips to save you from any legal issues:

• Complete a Pre-Sale Inspection: This inspection will help you to identify and address issues. This helps build trust with potential buyers.

• Review the Sales Contract Carefully: Check provisions about disclosures in your contract. Failure to disclose can lead to legal issues and cause the sale to collapse.

• Document Everything: Keep records of any repairs or renovations done on the property. This paperwork is proof that you’ve dealt with known issues.

• Disclose Everything: To avoid problems in your home disclosure statement, disclose everything you know. Even a minor issue could turn out to be important.

• Consult with Professionals: If you’re unsure about what needs to be disclosed, seek help from real estate attorneys. They are familiar with local laws and practices and can help you handle any issue.

Bottom Line

Transparency is key when filling out seller disclosure documents. It requires you to reveal known material defects in a property. However, providing false information on the form may lead to legal repercussions.

You can access all the seller disclosure forms on Houzeo. The platform has segregated all the disclosures state-wise, so you don’t have to hunt for Missouri seller disclosures separately.

Eager to Know More?

We’ve got you covered. Check out the following video and learn 5 Easy Steps to List on MLS with Houzeo.

» Need More Clarity? Read these exclusive Houzeo reviews and learn why it is one of the best FSBO sites in America.

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