Legal - St Louis Real Estate News

Appellant Court Overturns Lower Court Dismissal of Anti-Trust Lawsuit Against the National Association of REALTORS®

By Dennis Norman, on April 27th, 2022

The past several days have not been good for the National Association of REALTORS® (NAR) from a legal perspective at least.

First, last Friday, April 22, 2022, Stephen R. Bough, a Federal Judge for in the Western District of Missouri, certified a lawsuit against NAR as a class action suit.The suit, known as the “Sitzer” suit as the original plaintiffs were Joshua Sitzer and Amy Winger, alleges that the defendant, the National Association of REALTORS® “created and implemented anticompetitive rules which require home sellers to pay commission to the broker representing the home buyer“. The plaintiffs in the suit also Continue Reading →

Control your investments with self-directed IRA investing

By Jeremy Vlasich, on March 2nd, 2021

I have a lot of people ask me about what to invest in and how. Not every time, but often, the self-directed IRA investments can be great options for people that are in the real estate industry. For this post, I wanted to go over the basic concept and give some actual real-life examples. Once you read this, if you still need help or have questions, you are more than welcome to reach out. We are here to serve and help!

What is an IRA and what does a “self-directed” IRA mean? This is an Individual Retirement Continue Reading →

Transparency in the home buying process including buyer’s agent commissions

By Dennis Norman, on February 13th, 2021

In December I wrote about multiple class-action lawsuits filed against the National Association of REALTORS® (NAR), as well as some of the largest real estate brokerages, like ReMax and Keller Williams as well as a Department of Justice (DOJ) complaint filed again NAR over issues related to the lack of transparency in the home buying process.

The aforementioned complaints claim, among other things, that there has been an effort by the defendants to force buyers to pay an “inflated” price for a home as a result of the buyer not realizing the seller was forced to offer a commission to Continue Reading →

Remembering Dr Martin Luther King, Jr.

By Dennis Norman, on January 18th, 2021

Today, as we celebrate the life of Dr. Martin Luther King, Jr. who is best known as a leader in the Civil Rights movement, I wanted to look at how his efforts also ultimately resulted in the Fair Housing Act, which sought to end discrimination in housing.

Through the efforts of the civil rights movement, Dr. King and others were able to get the attention of our nation resulting in President John F. Kennedy, in a nationally televised address on June 6, 1963, urging the nation to ” take action toward guaranteeing equal treatment of every American regardless of Continue Reading →

Is Real Estate Essential?

By Dennis Norman, on April 4th, 2020

Need I answer? Given the title of this site and if you have been here before you probably are aware I’ve been in the real estate business ever since graduating high school some 41 years ago, I’m going to guess you know I’m going to say “of course it is”. On a more serious note though, my headline poses the question in light of the current Coronavirus pandemic which has resulted in a stay at home order for several counties in Missouri and, effective tomorrow night at midnight, the entire state of Missouri.

One of the exceptions in all of Continue Reading →

Dr. Martin Luther King, Jr’s Life Work Led To Fair Housing In America

By Dennis Norman, on January 20th, 2020

Meth Labs and Real Estate

By Dennis Norman, on September 24th, 2019

Yesterday, someone shared with me an article that appeared on CBS News online about a couple, Tyler and Elisha Hessel, that discovered the house they purchased had previously been the subject of a meth lab seizure. The home, at 7218 Valley Drive in Barnhart, Missouri, was purchased by the Hessel’s in January of 2018. According to the article, Elisha is expecting a baby and, earlier this year, the results of some standard pregnancy-related tests showed the baby tested positive for amphetamines. This led to the Hessel’s discovering that the home they purchased was on a list of Meth Lab Seizures Continue Reading →

Should you buy a new home directly from the builder?

By Dennis Norman, on March 25th, 2019

Some new home buyers believe that if they buy a new home directly from the builder or the builder’s sales person, they will get a better price. But is this true? Do you get a better deal buying a new home directly from the builder?

First, we should address a “better deal” and what constitutes a good “deal”. If it is strictly price, then, while I think it is somewhat short-sided on the part of the buyer and falls in that “penny-wise, dollar-foolish” category, in some instances, with some builders, the builder will save some cost by you buying from Continue Reading →

Dr. Martin Luther King, Jr. Paved The Path For Fair Housing

By Dennis Norman, on January 15th, 2018

Dr. Martin Luther King, Jr. is a name synonymous with civil rights who, along with his followers, led to the passage of the Civil Rights Act. Through the efforts of the civil rights movement, Dr. King and others were able to get the attention of our nation resulting in President John F. Kennedy, in a nationally televised address on June 6, 1963, urging the nation to ” take action toward guaranteeing equal treatment of every American regardless of race.” Shortly after his address to the nation, President Kennedy proposed that Congress consider civil rights legislation that would address rights in Continue Reading →

What To Look Out For In Credit Repair Companies

By Dennis Norman, on June 29th, 2017

The housing bubble that led to the housing bubble burst in 2008 started a decline in the value of homes, including those in St Louis, for the following 3 to 4 years. This resulted in much larger number of homeowners facing financial struggles including late payments, foreclosures, short sales, bankruptcy and the like, than was the historic norm. As a result, while maybe not a new concept but certainly one that had been more obscure in the past, credit repair, became a lucrative and growing business as consumers sought to repair the damage done and position themselves to buy a home. Continue Reading →

Zillow Under Investigation By CFPB Over Co-Marketing Program With Real Estate Agents

By Dennis Norman, on May 12th, 2017

Zillow, the behemoth real estate search site, revealed in it’s Form 10-Q filed with the Securities and Exchange Commission earlier this month for first quarter 2017, that the Consumer Finance Protection Bureau (CFPB) is investigating some practices by Zillow, apparently specifically their co-marketing program, and, according to Zillow’s filing, is alleging that Zillow violated parts of both RESPA as well as the Consumer Financial Protection Act. The complete Form 10-Q can be viewed here. On page 40 (outlined in red by me) is the section where Zillow makes this disclosure, and I have pasted that section of the report below as well (the emphasis and color have been done by me). Continue Reading →

What Is A Villa?

By Dennis Norman, on March 10th, 2017

An ever-increasing number of aging baby boomers are becoming empty nesters and coming to the realization they no longer need that 3, 4 or even 5 bedroom home they own. In addition, many of them, also find themselves tired of the upkeep that comes with the big house on the large lot. These issues, along with a desire for a lifestyle change, has led to a growing demand for alternative types of housing including condominiums and villas with the latter being the most popular.

What exactly is a “villa”?

The interesting thing is, even though the demand for villa’s has Continue Reading →

What Exactly Is A “Coming Soon” Listing?

By Dennis Norman, on November 25th, 2016

While it’s not a new thing, there have certainly been a lot more “coming soon” riders on for sale signs in yards over the past couple of years than in prior years. This has created some questions among home buyers particularly when they ask their buyer’s agent about seeing the listing are told it is not available to be shown yet, then later see the rider on the for sale sign change from “coming soon” to “sale pending”. Continue Reading →

Florissant Tramples the Rights of Landlords and Tenants With Passage of Crime Free Bill

By Dennis Norman, on October 16th, 2016

On October 10th (well, technically October 11th since the final vote was not taken until reportedly 1:00 am) the city of Florissant dealt it’s latest blow to landlords and tenants clearly, in my humble opinion, sending a message that they (Florissant) want neither within their city limits. Continue Reading →

Should You Pay An Agent Bonus To Sell Your Home?

By Dennis Norman, on September 2nd, 2016

One of the more controversial topics to discuss within the REALTOR community is the topic of agent bonuses, a bonus that a seller, by way of the listing broker, would pay to the agent that sells their home, over and above the normal sales commission. Sometimes seller’s, or their listing agents, see this as a way to draw more attention to their listing and to encourage buyer’s agents to show it and sell it. However, there are many conflicting opinions on this topic within the industry which creates some confusion for seller’s (and buyer’s for that matter), so I thought I would take some time to discuss it. Continue Reading →

Should I Sell My Home Myself?

By Dennis Norman, on July 9th, 2016

“Should I sell my home myself” is something that some sellers are asking today, particularly those in fast selling neighborhoods and areas where the inventory of homes for sale is low, after all, how hard can it be to sell a home if homes are in such high demand? Continue Reading →

New Landlord-Tenant Bill Make Force Missouri Landlords To Use Property Managers-UPDATED Feb 3, 2017

By Dennis Norman, on June 10th, 2016

This legislative session, the Missouri State Legislature passed HB. 1862, which modifies provisions relating to the existing landlord-tenant law in Missouri, specifically, it repeals sections 534.350, 534.360, 535.030, 535.110, 535.160 and 535.300 of the Revised Statutes of Missouri and replaces them with five new sections as described in the bill. Continue Reading →

What do 90 municipalities cost?

By Mike Hejna, on April 8th, 2016

St. Louis County is entertaining the idea of adding the City of St. Louis to its list of incorporated municipalities. All legal opinions rmly show that the County will absorb NONE of the City’s nancial responsibilities. If this were to happen the City of St. Louis will be no di erent than municipalities such as Clayton, Ellisville, or Chester eld. It would simply be another city located in St. Louis County. I am an advocate for this move. The City needs to cease County functions and turn them over to the County. Currently, practices and city functions run at ine cient levels. Continue Reading →

Requiring Adult Supervision Of Children At An Apartment Pool-Fair Housing Violation?

By Dennis Norman, on November 11th, 2015

Today most, if not all, landlords are aware of the Federal Fair Housing Act with regard to making various types of discrimination illegal when it comes to housing and, even if they don’t have a thorough understanding of all of the nuances of the act, at least have a basic understanding of it. However, today, a lack of a thorough understanding of the law, as well as the risks associated with violating it, or even being accused of violating it, can be quite costly to a landlord. Therefore, if you are considering becoming a landlord, or perhaps are already in the midst of building your real estate empire, spending time studying and understanding the Federal Fair Housing Act and how it applies to you would be time well spent and it would also be a great move to align yourself with a real estate professional with a good understanding of it that can help you navigate the regulatory waters a landlord must navigate today. Continue Reading →

The Rights Of Missouri Landlords Are About To Be Trampled On Again

By Dennis Norman, on April 1st, 2015

Section 347.057 of the revised statutes of Missouri state “A person who is a member, manager, or both, of a limited liability company is not liable, solely by reason of being a member or manager, or both, under a judgment, decree or order of a court, or in any other manner, for a debt, obligation or liability of the limited liability company, whether arising in contract, tort or otherwise or for the acts or omissions of any other member, manager, agent or employee of the limited liability company.” So, like a corporation, LLC’s provide protection to the individuals, (or other LLC’s, or corporations) that own the LLC from personal liability for business conducted by the LLC. This is not by accident as, without the ability to protect one’s personal assets from liability from business operations, many businesses wouldn’t exist nor would the products and services they provide. For example, perhaps you own stock in a company such as Ford. Would you be willing to buy that stock, and invest in that company, if you were going to be personally named in all the lawsuits brought against Ford? I doubt it. Continue Reading →

Dr. Martin Luther King Jr Inspired Peace Park Here in St Louis

By Dennis Norman, on January 19th, 2015

Today, as we celebrate the life of Dr. Martin Luther King, Jr., it is hard for me to believe that, during my lifetime, there was a time when it was legal to refuse to rent or sell a house to someone because of their race or skin color, but it was. However, the Civil Rights Act of 1968, also referred to as the “Fair Housing Act of 1968”, which was signed into law by President Lyndon Johnson, just one week after Dr. King’s assassination, corrected this atrocity and made it illegal to refuse to rent or lease a home to someone based upon their race. Continue Reading →

Mortgage Delinquency Rate Forecasted To Drop To Pre-Bubble Rates Next Year

By Dennis Norman, on December 10th, 2014

The Mortgage Delinquency Rate, the pre-cursor to, and leading indicator of, foreclosures, which play havoc with home prices, is expected to decline to 3.12 percent by the end of this month and continue to decline next year hitting 2.51 percent by the end of 2015, according to a forecast just released by TransUnion. If mortgage delinquency rates fall as lowest as forecast, it will hit the lowest level since the housing bubble burst. A home mortgage that is 60 days or more delinquent is counted in the mortgage delinquency rate for this report by TransUnion.

The report goes on to Continue Reading →

Should I Buy A Home Directly From The Listing Agent?

By Dennis Norman, on October 14th, 2014

One of the most frequent questions I have been asked over the years by home buyers is “Should I Buy A Home Directly From The Listing Agent?” While no answer is correct for every situation, I would say that, in most cases, the answer to this question is “no”, you should not buy a home directly from the listing agent. You may be thinking though “won’t I get a better deal by cutting out the middle man?” In reality by going to the listing agent you are in fact NOT cutting out the “middle man” because in 99.99%* of the Continue Reading →

Villa’s Gaining In Popularity in St Louis

By Dennis Norman, on August 6th, 2014

Villa’s are becoming increasingly popular in St Louis evidenced by the increase in online searches by home buyers searching for a Villa. Let’s get to the question that may be going through your mind right now, what is a “Villa”, or more accurately, what type of housing in St Louis is the term “Villa” being applied to? The term “Villa” has to be one of the most misapplied terms used in the housing industry today as it’s origin goes back to Roman times when “Villa” referred a large country estate owned by a wealthy person. Today however, Villa refers more Continue Reading →

St Louis County Residential Rental Property Licensing Ordinance Tramples Property Rights

By Dennis Norman, on April 7th, 2014

A residential rental property licensing ordinance has been proposed in St Louis County by Councilman Michael O’Mara which would prohibit an owner of residential property in unincorporated St. Louis County from renting or leasing their property without first paying a fee and obtaining a residential rental license. The bill, which has been kept relatively quiet and is impossible to find on the website for the St Louis County Council other than listed on the agenda, will most likely be passed at the meeting of the St Louis County Council tomorrow evening.

While there are several municipalities in the St Louis area that currently Continue Reading →

Dr. Martin Luther King Jr and Fair Housing

By Dennis Norman, on January 20th, 2014

Today, as we celebrate the life of Dr. Martin Luther King, Jr., it is hard for me to believe that, during my lifetime, there was a time when it was legal to refuse to rent or sell a house to someone because of their race or skin color, but it was. However, the Civil Rights Act of 1968, also referred to as the “Fair Housing Act of 1968”, which was signed into law by President Lyndon Johnson, just one week after Dr. King’s assassination, corrected this and made it illegal to refuse to rent or lease a home to someone based upon their race. Continue Reading →

New QM Rules Going To Put Home Loans Out of Reach For Some Buyers Come January

By Dennis Norman, on October 15th, 2013

January 10, 2014 new QM rules (qualified mortgage) will go into effect and will most likely negatively impact the ability of some home buyers to obtain a mortgage. In terms of how many borrowers the new rules will affect, it is hard to say. There have been several analysis’ done of the percentage of home loans originated in 2012 would not have met the QM rules and the estimates vary from 12 percent to more than half. Personally, I think the lower estimates are probably closer to accurate, but it is still a significant number…potentially somewhere around 1 of every Continue Reading →

St Charles Scammer Pleads Guilty To Real Estate Scheme

By Dennis Norman, on September 27th, 2013

Daniela Spiridon, a 42 year-old woman from St. Charles, pled guilty yesterday to six felony counts of wire fraud related to a scheme she operated out of an office in Chesterfield, according to a report from the FBI. According to the indictment Spiridon was charged under, she operated her business out of an office at 18118a Chesterfield Airport Road, in Chesterfield, MO under several business names, including A&AD Investments, LLC; CDRS ESC Investments, a.k.a. CDRS ESC and CDRS LLC.

Continue Reading →

City of St Peters Settles with DOJ On Disability Discrimination Allegations

By Dennis Norman, on August 1st, 2013

City of St Peters MO agrees to pay fine and change discriminatory ordinance

The Justice Department announced today that the city of St. Peters, Mo. will pay $80,000 and make changes to its zoning laws to settle a lawsuit alleging that the city violated the federal Fair Housing Act (FHA) and Title II of the Americans with Disabilities Act (ADA) when it denied a zoning request to operate a group home for four women with intellectual disabilities. The lawsuit is part of the Justice Department’s continuing effort to enforce civil rights laws that require states and municipalities to end Continue Reading →

Common Mistakes Made By St Louis For Sale By Owners (FSBO’s)

By Dennis Norman, on July 31st, 2013

Over the years I have seen many “St Louis For Sale By Owners” (FSBO’s), you know those people that decide they can sell their house themselves without the help of a professional, make a variety of mistakes in the way they handle the sale of their property. The mistakes range from minor ones that will probably just cost them some heartburn to major mistakes that could lead to serious legal troubles.

What are the most common mistakes made by FSBO’s?

Continue Reading →