Skip to content

Missouri · Uniform Condominium ActMissouri condo resale certificate: what the seller must give the buyer

For condominium units under Missouri's Uniform Condominium Act, RSMo 448.4-109 requires the unit owner to give the buyer a resale certificate before the sale contract is signed, or otherwise before conveyance. It contains a copy of the declaration (other than plats and plans), the bylaws and the association's rules, and must disclose: the effect of any right of first refusal or other restraint on transfer; the monthly common expense assessment and any unpaid assessment the seller currently owes; other fees owners pay; capital expenditures the association expects for the current and next two fiscal years; reserves, including amounts earmarked for specific projects; the latest balance sheet and income and expense statement, if any; the current operating budget; unsatisfied judgments and pending suits against the association; insurance coverage for owners; whether the board knows of alterations to the unit or its limited common elements that violate the declaration; and the remaining term of any leasehold affecting the condominium. The association must give the owner the information within ten days of a request, and the owner isn't liable for the association's errors. The buyer isn't liable for unpaid assessments or fees greater than the certificate shows, and the contract is voidable by the buyer until the certificate is delivered and for five days after, or until conveyance, whichever comes first. No certificate is needed for gifts, court-ordered sales, sales by a government, foreclosures or deeds in lieu, sales to a dealer who will resell or rent the unit, or sales the buyer can cancel at any time without penalty (448.4-101(2)). Separately, the association has a lien for assessments, and on written request from an owner or mortgage holder it must give a recordable statement of unpaid assessments within ten business days, which binds the association (448.3-116).

What the certificate includes (448.4-109(1))

  1. Documents

    Declaration (without plats and plans), bylaws, rules.

  2. Money

    Monthly assessment, unpaid amounts owed by the seller, other fees.

  3. Future costs

    Expected capital expenditures for this year and the next two; reserves.

  4. Finances

    Latest balance sheet and income statement, current budget.

  5. Risks

    Judgments and lawsuits, insurance, known violations, leasehold term, transfer restraints.

Timing and protection

  1. 1. 10 days

    The association supplies the information after the owner asks.

  2. 2. Before signing

    The owner gives the certificate to the buyer before the contract, or before conveyance.

  3. 3. Voidable

    The buyer can void the contract until delivery plus 5 days, or conveyance if earlier.

  4. 4. Cap on dues

    The buyer isn't liable for unpaid amounts above the certificate.

What the TC can do

  • Ask the seller to request the certificate from the association as soon as the unit is listed.
  • Note the delivery date and the 5-day window that follows.
  • Order the association's statement of unpaid assessments for the title company before closing.

Questions condo buyers and sellers ask

Does a Missouri condo seller have to give the buyer HOA documents?

Yes, for units under the Uniform Condominium Act: a resale certificate with the declaration, bylaws, rules and financial disclosures, before the contract is signed or otherwise before conveyance (RSMo 448.4-109).

How long does the association have to provide it?

Ten days after the unit owner's request.

Can the buyer back out after receiving the resale certificate?

The contract is voidable by the buyer until the certificate is delivered and for five days after, or until conveyance, whichever comes first.

Add the resale certificate as a document on the deal in ClosingCode and a task with the 5-day date, so the buyer's window is tracked.

Start free trial

Source: Revised Statutes of Missouri §§448.3-116, 448.4-101 and 448.4-109 (revisor.mo.gov, read October 26, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.