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Sarah and her brother jointly inherited a duplex from their parents. Sarah wants to buy out her brother's interest in the property. Under the Missouri Seller Disclosure Act, which of the following best describes the disclosure obligation in this transaction?

Correct Answer

C) The transaction is exempt from the seller disclosure requirement because it is a transfer between co-owners.

RSMo § 339.730 et seq. includes an exemption for transfers between co-owners of the property. Because Sarah and her brother are co-owners of the inherited duplex, the brother's transfer of his interest to Sarah qualifies for this exemption, and no seller disclosure statement is required.

Answer Options
A
The brother must complete a full seller disclosure statement because the duplex is a one-to-four unit residential property.
B
The brother must disclose only known structural defects since the buyer is a co-owner with existing knowledge of the property.
C
The transaction is exempt from the seller disclosure requirement because it is a transfer between co-owners.
D
The transaction is exempt only if both parties sign a written waiver of the disclosure requirement.

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Related Topics & Key Terms

Key Terms:

seller_disclosureexemptionsco_owner_transferRSMo_339

Related Concepts

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.

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