Property Law
HB 1366 – Certificate of value for conveyance of real property. (See Local Government Law)
HB 1474 – Conversion of manufactured homes. Requires a manufactured homeowner to notify the county assessor when a manufactured home is converted to real property and requires the certificate of title to be returned to the Director of the Department of Revenue.
HB 1667 –Missouri Homeowners’ Protection Act. (See Commercial Law)
HB 1801 (See also SB 781) – Landlord liability. Exempts landlords, or any of their representatives, from liability for any loss or damage to household goods, furnishings, fixtures, or personal property resulting from the removal or disposal of the property upon the enforcement of a judgment granting possession of the premises. Requires the landlord to make a reasonable effort to notify the third party to remove the property within five business days of the date of the execution to recover the property if any property bears a label or mark identifying it as the property of a third party.
Oppose HB 1801 as introduced, but see SB 781.
HJR 62 – Eminent domain. Proposes a constitutional amendment giving the power of eminent domain to the state and its political subdivisions whose officials are directly responsible to elected officials.
SB 781 (See also HB 1801) – Landlord liability. Provides that except for willful, wanton, or malicious acts or omissions, no landlord, nor his or her successors, assigns, agents or representatives shall be liable to any tenant or subtenant for any loss or damage to household goods, furnishings, fixtures, or any other personal property left at or in the dwelling by the tenant or subtenant, by reason of the landlord’s removal or disposal of the property under a court-ordered execution for possession of premises. Also provides that if, after the sheriff has completed the court-ordered execution, property is left by the tenant in or at the dwelling that is identified as the property of a third party, the landlord shall make a reasonable effort to notify such third party, who shall be given the opportunity to recover such property within five business days of the date such notice is received. If the landlord is unable to notify the third party, he or she may dispose of the property and shall incur no liability for loss or damage thereto.
No position on the Senate Committee Substitute for SB 781 as perfected.
SB 913 – Statutory warranties for new construction and home improvements. Creates statutory warranties for home buyers and homeowners and also prevents home solicitors from engaging in certain deceptive practices. Creates three new-home warranties that are extended to subsequent purchasers of the home. Theses include:
(1) Covers new homes against faulty workmanship and defective materials due to noncompliance with building standards for a three-year period;
(2) Covers new homes against faulty installation of plumbing, electrical, heating and cooling systems for a five-year period; and
(3) Covers the home against major construction defects (foundation) for a ten-year period.
Creates three warranties for home improvement work which include:
(1) Improvements made will be free from defects caused by faulty workmanship and defective materials due to noncompliance with building standards for a two-year period;
(2) Improvements will be free from major construction defects for a ten-year period; and
(3) Improvements involving plumbing, electrical, heating and cooling systems must be guaranteed to be free from defects for a period of two years.
Creates a cause of action against the home vendor or home improvement contractor for violations of these warranties for actual damages. Requires the court to award the homeowner court costs and reasonable attorney fees. Allows the court to assess punitive damages if the breach of the warranties was willful or deceitful.
SB 950 – Manufactured housing. (See Commercial Law)
SB 1005 – Uniform Planned Community Act. Adopts the Uniform Planned Community Act substantially in conformance to the act drafted and approved by the National Conference of Commissioners on Uniform State Laws in 1980. The act is similar to the Uniform Condominium Act, Chapter 448, RSMo, differing mainly on the nature of planned communities and condominiums. Contains comprehensive provisions for creating, governing, managing, and terminating planned community developments.
SB 1009 – Certified funds at real estate closings. Modifies the current legal requirement that all funds conveyed to settlement agents in real estate closings be certified funds. Requires funds greater than $2,500 from a buyer, seller or certain lenders conveyed to settlement agents in real estate closings be certified funds.
SB 1012 – Duty Free Aone Act. (See Local Government Law)
SB 1033 – Water and sewer line easements. Specifies that water and sewer line easements given to counties and other political subdivisions shall not be considered transfers of title and are not subject to being proved or acknowledged.