November 17, 2021
Real Estate

Missouri real estate dispute spotlights the limits of oft-used contract phrase | Thompson Coburn LLP

Unhappy real estate buyers often claim the tort theory of fraudulent nondisclosure where the property and/or improvements are not what the buyer expected. Missouri law has long recognized that a buyer of real estate may assert a fraudulent nondisclosure claim against the seller, based upon factual allegations that the defendant seller had knowledge of some defect but failed to disclose it to the buyer. A buyer/plaintiff may choose to claim only fraud and not breach of contract as a matter of legal strategy. This article addresses a recent Missouri case that exemplifies why that choice can be wise legal strategy.

A recent Missouri appellate decision addressed the applicability of forum selection clauses in real estate sale contracts. This and other Missouri decisions suggest the need to carefully consider the precise language used in forum selection provisions in real estate…

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