What must a home seller disclose in Missouri?

Missouri remains one of the few states still firmly grounded in caveat emptor for residential sales.

1. No Statutory Disclosure Form

Missouri has not enacted a mandatory disclosure statute. The Missouri Realtors Seller's Disclosure Statement is industry standard but voluntary.

2. Caveat Emptor Background

Layne v. Garner, 612 S.W.2d 28 (Mo. App. 1981): a seller of real estate is generally not liable for failing to disclose defects — buyers must inspect.

The seller is liable for fraudulent concealment of known latent material defects (Hess v. Chase Manhattan Bank, 220 S.W.3d 758 (Mo. 2007)).

3. Mandatory Statutory Disclosures

Methamphetamine production — RSMo § 442.606 requires disclosure of any prior methamphetamine production known to the seller.

Radon — buyer notice recommended; no statutory form.

Wood-destroying insect report often required by lender, not by statute.

HOA / Condo documents under RSMo Chapter 448.

4. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

5. "As-Is" Sales

"As-is" clauses are broadly enforceable in Missouri but do not shield fraud or active concealment.

6. Latent vs Patent

The fraudulent concealment exception applies only to latent material defects known to the seller and not discoverable by reasonable inspection.

7. Statute of Limitations

5 years for fraud (RSMo § 516.120(5)) — runs from discovery.

10 years for written contract (RSMo § 516.110).

This is legal information, not legal advice.