Key Takeaways
- Missouri sellers must provide a property disclosure statement to buyers before an offer or during negotiation
- The disclosure must be provided no later than the time of closing
- Sellers must disclose methamphetamine production under Missouri Rev. Stat. Section 442.606
- Lead-based paint disclosure is required for homes built before 1978 (federal requirement)
- Flood damage and storm history must be disclosed, especially in flood-prone areas
Missouri Seller Disclosure Requirements
Missouri law requires sellers to disclose material information about property condition and known defects to buyers.
Property Disclosure Statement
The Seller Disclosure Statement is required for residential property sales in Missouri.
When to Provide
| Timing | Requirement |
|---|---|
| Before offer | Best practice |
| During negotiation | Acceptable |
| No later than closing | Maximum deadline |
Key Point: Providing the disclosure BEFORE or WITH the offer is recommended to avoid disputes.
What Must Be Disclosed
Missouri disclosure requirements include:
| Category | Items |
|---|---|
| Structural | Foundation, roof, walls, floors, drainage |
| Systems | Plumbing, electrical, HVAC, water heater |
| Appliances | Built-in appliances, included items |
| Environmental | Flooding history, mold, hazardous materials |
| Legal issues | Easements, encroachments, violations, HOA |
| Material defects | Any known issues affecting value |
Specific Missouri Disclosure Requirements
Methamphetamine Production (Section 442.606)
Missouri law specifically requires disclosure of meth production:
| Requirement | Details |
|---|---|
| What to disclose | Property is or was used for meth production |
| Form | Must be in writing |
| When | To buyer before sale |
| Why | Contamination affects health and value |
Important: Missouri Rev. Stat. Section 442.606 mandates written disclosure if the property was used as a site for methamphetamine production.
Flood Damage Disclosure
| Requirement | Details |
|---|---|
| Past storm damage | Must disclose |
| Flood history | Include dates of flooding |
| Flood-prone areas | Missouri River areas especially |
| Flood zone status | FEMA flood zone designation |
Lead-Based Paint Disclosure (Federal)
For homes built before 1978, federal law requires:
| Requirement | Description |
|---|---|
| Disclosure form | Seller must complete lead disclosure |
| EPA pamphlet | "Protect Your Family From Lead in Your Home" |
| 10-day inspection | Buyer has 10 days to conduct lead inspection |
| Records | Seller must provide any lead test records |
Exemptions from Disclosure
Certain transactions are exempt from disclosure requirements:
| Exemption | Reason |
|---|---|
| New homes (never occupied) | Builder provides warranties |
| Transfers between co-owners | Dissolution, buyout |
| Transfers by devise or descent | Inheritance |
| Court orders | Divorce, foreclosure |
| Foreclosure sales | Bank/lender sale |
| Option to purchase | Exercise of option |
| Written waiver | Parties agree in writing to waive |
What is NOT Required to Disclose
Missouri law does NOT require disclosure of:
| Not Required | Reason |
|---|---|
| Deaths or suicides on property | Unless affects physical condition |
| Registered sex offenders nearby | No duty to investigate |
| Alleged hauntings | Psychological stigma |
| AIDS/HIV status of occupants | Privacy protection |
Statute of Limitations
| Claim Type | Time Limit |
|---|---|
| Misrepresentation or fraud | 5 years from discovery |
| Discovery of inaccuracy | Within 5 years |
Key Point: Buyers have 5 years from the date of discovery to bring a claim for misrepresentation or fraud related to property disclosures.
Under Missouri law, when must a seller provide the property disclosure statement?
Under Missouri Rev. Stat. Section 442.606, what must be disclosed in writing?
For homes built before what year is lead-based paint disclosure required?