Quit Claim Deed Dispute

Summary

The judges decision on a quit claim deed dispute in Missouri will depend on the validity of the written agreement, whether it was properly executed, and the fairness of the deal. Fairness includes whether both parties understood the agreement and if the $6000 was a reasonable price for the property. It is advisable to have a real estate attorney represent you in court to interpret legal terms, represent your interests, and provide advice based on Missouri laws. Initiating eviction proceedings before the courts decision on the declaratory judgment is not recommended. Missouri law requires landlords to provide habitable housing, including utilities like water and electricity.

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I have some questions in regards to residential real estate property & a quit claim deed
Hi ****, I'd be happy to help. Could you please tell me your location as real estate laws can vary by state? Could you also specify the exact issues or concerns you have about quit claim deeds?
Holt County, Missouri
Thank you for providing your location, ****. Could you please elaborate on your concerns with residential real estate property and quit claim deeds?
An individual who owned the property at the time had signed a quit claim deed signing the property over to me. He has since filed a declaratory judgment to have the deed set aside. He signed a written agreement which was notarized stating that if he did not pay me back the $* by a certain date that his name would be removed & the property would become mine. He did not pay the money back but is now saying it was unfair for me to get the property for the $*. Whats the chances the judge will agree with him & make me sign the deed back over to him?
Hi ****,
Based on Missouri law, a few factors will influence the judge's decision:
- Validity of your written agreement
- Whether the agreement was carried out properly
- The fairness of the deal
However, the final decision will depend on the judge's discretion after considering all the facts and circumstances.
What do you mean by fairness of the deal?
"Fairness of the deal" refers to the reasonableness of the terms. Did both parties understand the agreement? Was the $* a fair price for the property? These questions help assess if the deal was equitable.
Would I need a real estate attorney to defend me on this case in court?
It would be beneficial to have a real estate attorney represent you in court. They can help to:
- Interpret complex legal terms and concepts
- Represent your interests appropriately
- Provide legal advice based on Missouri laws.
Remember, this is a complex issue involving contracts and deeds.
Would i be able to have the individual evicted from the premises before going to court for the declaratory judgment or would i need to wait until that case is over with?
In Missouri, you may initiate eviction proceedings if you are the legal owner. However, since ownership is disputed in your case, it's advisable to wait until the court makes a decision on the declaratory judgment. Consulting a local attorney can provide more personalized advice.
Is there any laws in Missouri in regards to living somewhere with no lights or water because they were shut off for non payment?
In Missouri, landlords must provide habitable housing, which includes access to utilities such as water and electricity. If they are disconnected due to non-payment, it might be considered a violation of the lease agreement. Consult with a local attorney for specific advice.