Missouri Condo Resale Certificate: Fees, Deadlines, and How to Order

This resale certificate is furnished under section 448.4-109 of the Missouri Uniform Condominium Act within ten days after the unit owner's request, for the reasonable charge the association may impose for preparing it under section 448.3-102.1(12). The unit owner must furnish it to the purchaser, with the declaration, bylaws, and rules, before execution of any contract for sale of the unit or otherwise before conveyance. A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in this certificate, and the unit owner is not liable to the purchaser for any erroneous information provided by the association and included in it or for the association's failure or delay in providing it. The purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter, or until conveyance, whichever first occurs. Section 448.4-101.2 exempts certain transfers from this requirement, including gratuitous transfers, transfers by court order or by a government, transfers by foreclosure or deed in lieu of foreclosure, and a sale the purchaser may cancel at any time without penalty. The information in this document is current as of its issue date.

No Missouri statute requires this resale package for a condominium created before September 28, 1983, which is governed by the Missouri Condominium Property Act, sections 448.005 to 448.210. It is furnished under the condominium's declaration and bylaws, and the amounts stated are the association's statement of the account as of the issue date. Two statutory provisions still apply to this condominium. Under section 448.080, unpaid common expenses are a lien on the unit, and an encumbrancer whose lien is junior to that lien may request a written statement of the unpaid common expenses from the manager or board of managers; unless the request is complied with within twenty days, all unpaid common expenses that became due before the date of the request become subordinate to that encumbrance. Under section 448.1-102, section 448.3-116 also applies here as to events and circumstances occurring after September 28, 1983, so on the written request of a unit owner or the holder of a mortgage or deed of trust the association must furnish, within ten business days, a recordable statement of the unpaid assessments against the unit, and that statement is binding on the association, the board, and every unit owner unless the person receiving it knows it to be false. The association may impose a reasonable charge for preparing such a statement. Missouri law gives the purchaser no cancellation period and no liability limit tied to this package; any review period is set by the purchase contract. The information in this document is current as of its issue date.