The Invisible Glass Shell That Shapes Every Property

Most people assume designing a home begins with a blank sheet of paper. In reality, long before an architect sketches the first floor plan or a builder estimates construction costs, every property is already constrained by rules that define the largest home the city will allow. Those rules apply whether you’re building a new home, planning an addition, or evaluating the redevelopment potential of an older property. The challenge is that most homeowners never see those limits, even though they influence nearly every significant building decision.

The easiest way to picture those limits is to imagine the city has Continue Reading →

The Zoning Rules Changed. Your House Didn’t.

Why older homes sometimes don’t meet today’s zoning standards, and why that usually isn’t a problem.

Driving through Glendale recently, I noticed signs inviting residents to an open house about the city’s zoning code update. Like most drivers, I could have continued on without giving it another thought. Instead, I found myself wondering what would prompt a city to rewrite its zoning code.

As I read through the planning documents, one statistic immediately caught my attention. Nearly 45% of Glendale’s residential lots no longer conform to today’s zoning regulations.

My first reaction was probably the same one many Continue Reading →

Why Is the Missouri REALTORS® Association Taking Positions on Amendments 4 and 5?

Over the past several weeks, the Missouri REALTORS® association has publicly taken positions opposing Amendments 4 and 5. Because many consumers may not understand why a real estate trade association would become involved in statewide ballot measures, I thought it would be helpful to explain the association’s role, summarize what the amendments would do using the official ballot language and constitutional text, and explain why the association has taken those positions.

Every election season brings ballot measures that attract support and opposition from a wide range of organizations. This year, one of those organizations is the Missouri REALTORS® association, Continue Reading →

Have We Been Thinking About Manufactured Housing All Wrong?

A proposed federal rule change announced by HUD this month may not sound particularly exciting at first glance. In fact, most people would probably stop reading somewhere around the phrase “updating the definition of manufactured housing.”

That would be a mistake.

Because hidden inside this technical regulatory proposal is a much bigger question: Have we spent the last 50 years defining housing in a way that no longer makes sense?

If you ask ten people to explain the difference between a manufactured home, a modular home, a mobile home, and a prefab home, you are likely to Continue Reading →

Repair by a Licensed Contractor. Licensed by Whom?

Imagine you’re selling your home.

The buyer completes their inspection, reviews the report, and asks for several repairs. One of the requests states that the work must be completed by a “licensed contractor.”

Seems straightforward enough.

After all, most people would agree that repairs identified during a home inspection should be completed by someone who knows what they’re doing. The phrase sounds reassuring. It suggests professionalism, competence, and accountability. Yet the more I thought about it, the more I realized that what appears to be a simple request may not be nearly as simple as it sounds.

Continue Reading →

Does the Property Have an HOA? That Might Be the Wrong Question.

A buyer tells me they want backyard chickens. Another wants to park an RV in the driveway. A third wants to build a detached garage.

Their next question is often:

“Does the neighborhood have an HOA?”

It’s not a bad question. It’s just not the first question I’d ask.

In the St. Louis area, a property can have no HOA and still have restrictions on what you can do with it. A property can also have an HOA and fewer restrictions than you might expect.

That’s why I think buyers often focus on the wrong Continue Reading →

The Law That Quietly Changed the Mortgage Process Forever

Applying for a mortgage today can sometimes feel less like borrowing money and more like preparing for a federal background investigation.

Lenders want paystubs, tax returns, bank statements, employment verification, explanations for deposits, explanations for credit inquiries, explanations for transfers between accounts, and occasionally what feels like a written reflection on your financial decisions dating back to 2017.

Buyers often assume this is simply how mortgages have always worked.

It hasn’t.

Much of the modern mortgage process was reshaped in the aftermath of the 2008 housing collapse and the passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act.

Continue Reading →

Missouri Property Tax Reform Failed. Here’s What Homeowners Actually Need to Know Now

For the second straight year, Missouri homeowners heard a familiar promise from Jefferson City: property tax relief is coming.

Then the legislative session ended, and once again, most homeowners were left exactly where they started. Confused, frustrated, and wondering whether the next reassessment notice is going to hit like a budget adjustment or a financial gut punch.

The problem is not simply that lawmakers failed to pass broader property tax reform this session. It is that many homeowners still do not fully understand how Missouri’s property tax system works in the first place.

That confusion has become Continue Reading →

Can You Fight a FEMA Flood Zone? Yes. But It’s Not Simple.

Few words create panic for homebuyers faster than “flood zone.” Sometimes the concern comes from insurance costs. Sometimes it comes from lending requirements. And sometimes it comes from the assumption that a flood zone designation automatically means a property floods regularly.

That last part is where many buyers get confused.

FEMA flood maps are not predictions about whether a specific home will flood tomorrow. They are risk models based on elevation data, topography, drainage patterns, historical information, and projected flood behavior. Like any large-scale risk model, flood maps are periodically updated and refined as new data becomes available.

Continue Reading →

Why Some Cities Require Occupancy Inspections … And Others Don’t

One of the more confusing moments for many St. Louis homebuyers happens shortly before closing, when they learn the municipality wants to inspect the property before anyone can move in.

Then comes the obvious question:

Why does one city require an occupancy inspection while the next one doesn’t?

The answer has less to do with real estate contracts and more to do with how local governments approach housing safety, property maintenance, and code enforcement.

Occupancy inspections developed largely in older municipalities as a way to identify issues involving electrical systems, plumbing, structural concerns, overcrowding, or deferred Continue Reading →

You Can Have Chickens… Right? Why Backyard Chickens Aren’t as Simple as They Sound

Backyard chickens are often treated as a simple lifestyle choice. In reality, they’re one of the fastest ways for a homeowner to discover how many layers of control exist over how property can be used. The assumption is straightforward: if you own the property, you should be able to decide how to use it. That assumption tends to hold, until it doesn’t. Chickens are where it often breaks down.

What seems like a small, personal decision quickly runs into a layered set of local rules, zoning restrictions, and legal limitations that vary not just by state, but by municipality and even Continue Reading →

Can Your Neighbors Stop You From Using Your Own Property? What Kirkwood’s Recent Dispute Reveals

Most homeowners assume that once they buy a property, they have control over what happens on it. In reality, that control exists within a system of rules that often don’t come into focus until something forces the issue.

That moment can be bigger, like the recent effort in Kirkwood to stop the demolition of a historic home. Or it can be something far more routine. A property condition that has existed for years, something as simple as how materials are stored or where they are placed, suddenly draws attention. A notice arrives outlining specific requirements and a timeline to Continue Reading →

A Real Estate Contract Can Bind You. That Doesn’t Mean It Protects You.

St. Louis real estate

It is not particularly difficult to create a binding real estate agreement.

Two parties can agree on terms, put them in writing, and sign. At that point, there is a contract.

What is much harder, and far more important, is understanding whether that contract actually protects you.

Buying or selling a home can look surprisingly straightforward from the outside. There are forms. There are signatures. There is a process that appears structured enough that, with the right documents, it might feel manageable to handle on your own.

That assumption is not limited to inexperienced buyers or Continue Reading →

Lead Paint Was Banned Decades Ago. So Why Is It Still Part of Buying and Selling a Home?

“Why are we still dealing with this form? Lead paint was banned more than 50 years ago.”

It’s a fair question. It’s also based on a misunderstanding.

Most people hear “lead paint” and picture a kid eating paint chips off a windowsill in 1963.

The assumption is understandable. Lead paint was banned for residential use in 1978, and most homes have been painted over multiple times since then. The dramatic stories that shaped public awareness largely faded decades ago. It would be easy to assume the issue faded with them. It’s one of the only disclosures that isn’t Continue Reading →

What Actually Happens Between “Clear to Close” and Closing Day

Everyone thinks the hard part of buying or selling a home is getting under contract. It isn’t.

By the time a transaction reaches the closing stage, most buyers and sellers assume the difficult work is behind them. The contract is signed, inspections are resolved, and financing is in place. There is a natural sense that the finish line is near and that what remains is largely procedural.

In reality, the final phase of a real estate transaction is often the most delicate. A closing is not a single event. It is a sequence of dependent steps, each requiring Continue Reading →

Vacant Land Fraud Is Exploding. And It’s Showing Up Across St. Louis.

There’s a version of real estate fraud that doesn’t look dramatic on the surface. No broken locks. No forged checks passed across a closing table. No obvious signs that anything is wrong.

It usually starts with a clean, simple request. 

“I own a piece of land. I’d like to sell it.”

 And more often than it should, everyone believes them.

According to the Federal Bureau of Investigation, reports of vacant land fraud have increased by more than 500% over the past four years. That is not a minor uptick. That is a pattern, and it is reaching markets Continue Reading →

STORM DAMAGE IN 2025? You May Be Owed Up to $5,000 Back on Your Missouri Taxes 💰

If you own a home in Missouri and your home was hit by the March 2025 hailstorm — the one that left roofs and siding looking like they’d been blasted by a machine gun — or the devastating May 7, 2025 tornado, there is a significant tax opportunity you should not overlook.

Missouri offers a HOMESTEAD DISASTER TAX CREDIT AFFIDAVIT for homeowners who incurred an insurance deductible on their primary residence due to a qualifying 2025 disaster. The form is Missouri Department of Revenue Form 5926 – Homestead Disaster Tax Credit Affidavit

Here is what matters.

If you Continue Reading →

Zillow’s New Listing Ban Sparks Federal Lawsuit, and Raises Big Questions for Sellers, Buyers, and Agents

Compass vs Zillow lawsuit over private listings

A new lawsuit filed this week by Compass against Zillow has stirred up serious debate in the real estate industry, and while it may sound like a clash of two corporate giants, the real impact hits much closer to home, literally, for consumers, sellers, and real estate agents across the country, including right here in St. Louis.

In the 60-page complaint filed in federal court, Compass accuses Zillow of using its massive power and reach in the home search world to enforce what it calls an “anti-competitive ban” that hurts competition and restricts how agents can market listings for their Continue Reading →

Court Rules Floor Plans Can Be Used in Marketing, Protecting Sellers’ Interests

Designworks vs House of Brokers Floor Plan Lawsuit

A recent lawsuit that reached the U.S. Court of Appeals for the Eighth Circuit and concluded with a ruling on January 14, 2025, sheds light on a significant issue for homeowners and REALTORS® alike regarding copyright infringement and the use of floor plans in marketing homes. The case, Designworks Homes, Inc. v. House of Brokers Realty, Inc., involved Columbia, Missouri-based House of Brokers Realty and other defendants, and revolved around whether real estate agents and brokers could use floor plans in marketing properties without infringing on copyrights. Ultimately, the court ruled in favor of the defendants, citing the fair use Continue Reading →

Court Denies eXp Realty’s Request to Pause Litigation: Key Takeaways

Legal Counsel Behind Billion-Dollar Verdict Vows to Enforce NAR Settlement Strictly

A federal court recently denied a request from eXp Realty to pause ongoing litigation while a settlement in a related case was being finalized. This ruling highlights growing concerns over settlement practices in the real estate industry, particularly in cases involving alleged anti-competitive behaviors. Plaintiffs in the case argued that the proposed settlement in the related Hooper lawsuit failed to adequately address claims or consider eXp’s financial resources, potentially leaving affected homebuyers and sellers shortchanged.

For consumers, this decision underscores the importance of accountability and fairness in real estate dealings. As cases like this challenge longstanding industry norms, buyers and Continue Reading →

Court Grants Preliminary Approval in Major Real Estate Settlement Involving National Association of Realtors

Legal Counsel Behind Billion-Dollar Verdict Vows to Enforce NAR Settlement Strictly

In a significant development in the class-action lawsuit against the National Association of Realtors (NAR) and several major real estate entities, the U.S. District Court for the Western District of Missouri has granted preliminary approval for a proposed settlement. This lawsuit, led by plaintiffs Rhonda Burnett, Jerod Breit, Jeremy Keel, Hollee Ellis, and Frances Harvey, represents a class of U.S. homeowners who paid commissions to brokers upon the sale of their homes through multiple listing services during specific periods spanning from 2014 to the present. The court’s decision, as detailed in the document “Sitzer v NAR – Motion for Preliminary Continue Reading →

Will the NAR Commission Lawsuit Settlement Change Real Estate Practices in St. Louis?

Since the National Association of Realtors (NAR) and the plaintiffs in the following lawsuits—Christopher Moehrl v. The National Association of Realtors et al., Rhonda Burnett (originally Sitzer) v. The National Association of Realtors et al., Dawin Niel Umpa v. The National Association of Realtors, et al., and Don Gibson v. The National Association of Realtors—reached a settlement agreement on March 15, 2024, which is still pending court approval and thus preliminary at this point, the topic has dominated industry conversations. The focus of these lawsuits on buyer’s agent commissions has attracted more media attention since mid-March than it seems to Continue Reading →

Will MLS Access Be Untethered from REALTOR Membership?

In the wake of recent legal developments, including a proposed settlement by the National Association of Realtors (NAR) in March addressing buyer agent commissions, the real estate industry finds itself at another critical juncture. This time, attention turns to a lawsuit spotlighted in my article from a week ago, “New Lawsuit Against NAR Spotlights Tying of MLS Access to Realtor Membership in Ongoing Commission Debate“, which challenges the longstanding practice of tying MLS access to Realtor association membership. Unlike the NAR settlement that focused on commission structures, this new legal action delves into the exclusivity of market information access, a Continue Reading →

DOJ Delivers Regulatory Blow to NAR: Court Reopens Antitrust Investigation

In a significant turn of events that has captured the attention of homebuyers, homesellers, and real estate professionals nationwide, the United States Court of Appeals for the District of Columbia Circuit has delivered a landmark judgment that underscores the intricate balance between regulatory oversight and the operational freedoms of real estate associations. This case, National Association of Realtors (NAR) versus United States of America, et al., centers on the alleged anticompetitive practices within the real estate industry, specifically scrutinizing the policies implemented by NAR.

The Department of Justice (DOJ), through its Antitrust Division, initiated an investigation into NAR’s policies, Continue Reading →

New Lawsuit Against NAR Spotlights Tying of MLS Access to Realtor Membership in Ongoing Commission Debate

In the evolving landscape of real estate litigation, a fresh lawsuit filed by homeowner Hao Zhe Wang against the National Association of Realtors (NAR) and several major real estate brokerage firms introduces a nuanced critique of industry practices. Distinguishing itself from prior actions, this case zeroes in on the contentious policy requiring real estate agents to be NAR members in order to access Multiple Listing Services (MLS), a stipulation the plaintiff contends unfairly influences commission structures and inflates transaction costs.

The Core Allegations:

At the heart of Wang’s lawsuit is an objection to how MLS access — a critical Continue Reading →

NAR’s $418 Million Antitrust Settlement: Will It Face the Same DOJ Scrutiny as MLS PIN Deal?

Legal Counsel Behind Billion-Dollar Verdict Vows to Enforce NAR Settlement Strictly

Last week, I wrote an article about the settlement reached by the National Association of REALTORS® in pending litigation concerning buyer agency compensation. This includes the “Sitzer” (now Burnett), “Moehrl,” and “MLS PIN” suits, among others. As mentioned, this is an early stage in the process; the settlement agreement, although agreed upon by the parties involved, has not yet been filed with the court. Given these are large class action lawsuits alleging antitrust violations, numerous hurdles must be overcome. These could necessitate changes to the settlement terms on the path to court approval—if the court approves it at all.

Hurdles Continue Reading →

NAR to Settle Nationwide Litigation on Broker Commissions, Introduces Industry-Wide Changes

Kevin Sears, NAR President

This morning, Kevin Sears, President of the National Association of Realtors (NAR), unveiled a proposed settlement designed to bring to a close the contentious litigation surrounding broker commissions, a move that could significantly alter the landscape of the real estate industry. This development comes on the heels of the Sitzer-Burnett verdict, which cast the traditional practices of real estate professionals, particularly those concerning hiring and compensation methods, into the spotlight, sparking a series of lawsuits and raising questions about the future of the industry.

A Closer Look at the Proposed Settlement

The core aim Continue Reading →

Controversy Surrounds Cash for 40-Year Listing Rights Contracts in St. Louis Real Estate Market

MV Realty Holdings, LLC, a Florida-based real estate company, has recently come under scrutiny for alleged wrongdoing and is currently facing bankruptcy proceedings. The company, which offers homeowners cash in exchange for exclusive rights to list their properties for sale for purportedly a period that lasts forty (40) years, has been accused of deceptive practices and unfair treatment of its clients, including homeowners in Missouri and the St. Louis area.

Here in Missouri, MV Realty has faced legal action from Missouri State Attorney General, Andrew Bailey who, earlier this year, filed suit against MV Realty “for its deceptive practices in Continue Reading →

Is the REALTORS’ Clear Cooperation Policy Aiding Market Fairness or Fueling Legal Battles?

Recently, the real estate industry has found itself under increasing legal scrutiny, with multiple lawsuits challenging established norms. A critical point of debate is the REALTORS’ Clear Cooperation Policy. This policy mandates that within one business day of marketing a property to the public, agents must list the property on the MLS. While designed to promote transparency and cooperation among real estate professionals, it’s worth asking: Is this policy partly to blame for the industry’s legal challenges, or does it genuinely foster a fair and open market in compliance with the Sherman Antitrust Act?

The Sherman Antitrust Act, a cornerstone Continue Reading →

Evaluating the MLS System: Time for Change?

The real estate industry stands at a pivotal juncture, where longstanding practices are being questioned and re-evaluated. Central to this introspection is the structure of the Multiple Listing Service (MLS), a tool indispensable to our trade. Current legal challenges (such as the Sitzer v NAR lawsuit) and scrutiny from the Department of Justice, particularly concerning policies like clear cooperation and offers of compensation, have brought to the forefront a crucial question: Is the current MLS system, tied as it is to REALTOR® association membership, serving the best interests of our clients and the industry?

The traditional model, which intertwines MLS Continue Reading →

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