Missouri · TitleMissouri transfer fee covenants: void if recorded on or after September 1, 2008

In Missouri, a transfer fee covenant is a declaration or covenant affecting real property that requires a transfer fee to be paid to the declarant or another person, or their successors, on a later transfer of an interest in the property. A transfer fee covenant recorded in Missouri on or after September 1, 2008, doesn't run with the title and isn't binding on or enforceable against any later owner, purchaser or mortgagee, and any lien purporting to secure the fee is void and unenforceable. A transfer fee is a fee payable on a transfer, or for the right to make or accept one, fixed or measured by value or price; the statute excludes the purchase price, a broker's commission, a lender's interest and charges including assumption and estoppel fees, lease charges, payments for not exercising an option or right of first refusal, and government taxes and charges (RSMo 442.558).