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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Q: Can a buyer in a home owner financing contract that is not satisfied, rent the home to other people?

We have an extensive agreement we’ve put together. As we are closer to signing and finalizing he mentioned renting the home to another party and not doing repairs until he pays the balloon note. I’m uncomfortable with this notion. Is it legal? Can they be landlord and not live in the dwelling?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 13, 2023

Your questions are fact-specific and depend upon the written terms of the contractyou executed. If this is important enough to you, hire an attorney to review the contract. In general, I landlord certainly does not need to live in the rental premises.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a family attorney represent an hoa or does the attorney need to be a real estate/hoa attorney
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 3, 2023

A Missouri-licensed attorney may represent an HOA. Missouri does not require specialization.

1 Answer | Asked in Military Law and Criminal Law on
Q: I need a lawyer. Legal advice about Military law

I am serious. I am in danger. Serious situation. It involved with US Army.

It urgent now. He is US Army Captain. He use extortion. Threat. Abused etc. he held personal and bank information. He use sexual images and video. Record and take videos and pictures. I have been forced by him. He... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 3, 2023

Not a good idea to name the captain on a public forum. You didn't ask a legal question. If you want to hire an attorney you will need to reach out to one directly. Find someone with experience in similar situations if possible.

1 Answer | Asked in Small Claims for Missouri on
Q: Served for old loan debt

My husband got served for old loan debt from 10 years and 4 months ago. Statute of limitations says they can't do this after 10 years, written. What can we do?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2023

File a written answer and raise the SOL as an affirmative defense.

1 Answer | Asked in Contracts and Government Contracts for Missouri on
Q: I am interested in progress on a complaint (case 1:2023cv00036) filed on Jan 10, 2023. how often is the docket updated?

I am a subcontractor to the intervener and understand it is under PO...but would like to track progress. Is there another way to get status?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2023

You can view the docket through Pacer. You must pay a bit to view documents. Filings should be identified immediately when they are electronically filed.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Is it legal for a broker in Missouri to require their agents to sign a non-compete clause?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 31, 2023

It’s not a matter of legality but rather of the enforceability of such a provision. The enforceability would depend upon the facts, including the geographical and temporal scope of the provision.

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on
Q: What does run concurrent mean
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 30, 2023

Sentences on different courts can run at the same time rather than back to back.

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Missouri on
Q: i got a certified letter to do a statement under oath from my car being vandalized. the date of loss is incorrect

the letter was from the attorny that is representing my insurance company. it has all the details like policy number ,date of loss which is incorrect. they are a month off

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 30, 2023

What’s your legal question? Letter from whom?

1 Answer | Asked in Employment Law for Missouri on
Q: Can I demand my last check at time of termination?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 27, 2023

You may demand it. Missouri Revised Statutes Section 290.110 provides the procedure for formally demanding it and the potential liability of the employer who failse to comply.

1 Answer | Asked in Contracts for Missouri on
Q: signed a contract for a new job on 1/10/2023 as NP; I am yet to complete the HR onboarding documentation. Can I back out

The contract was made effective on 1/10/23, but the contract also said The

position and salary would begin effective around 02/9/2023. They are claiming they have spent a lot on credentialing and that I will have to hold to the term of the contracts in full or pay to break the contract. The... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 23, 2023

You should hire an attorney to review the contract and provide advice rather than hope that someone will accurately asses a snippet of the document.

1 Answer | Asked in Employment Law for Missouri on
Q: Is it legal for an employer to make an employee take a vacation day for a Friday off of a 4 day work week?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 21, 2023

Employers aren’t required to provide any vacation days. Therefore, this isn’t a matter of legally but rather whether the employer is breaching its contract with the employee.

1 Answer | Asked in Employment Law for Missouri on
Q: In Missouri, does my employer have to pay me for a mandatory zoom meeting?

Company is an LLC & employee is hourly

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 11, 2023

An hourly employee should be paid for attending a meeting, whether in person or online.

1 Answer | Asked in Libel & Slander for Missouri on
Q: can a person file a suit on defamation after a case was dismissed with prejudice?

i am out of work due to being on the news saying i starved my child it was dismissed and i did nothing wrong no one will hire me the news stations wont correct it to change my life being ruined

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 26, 2022

A dismissal with prejudice is the same as if the case were tried on the merits and you lost. You aren’t entitled to a do-over. Defamation cases in Missouri are tough.

1 Answer | Asked in Civil Litigation for Missouri on
Q: What are my rights in Missouri for paying someone to help me move and they were careless, broke, damaged & stole thIngs.

I paid someone to help me move and they destroyed most of my belongings. There are also things missing.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 15, 2022

You have the right to file suit to recover your damages.

1 Answer | Asked in Employment Law for Missouri on
Q: I know someone worked 8 hours but the manager that told the person to work now says she didn't. Can that person sue the
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 12, 2022

Yes, an employee can sue for unpaid wages.

1 Answer | Asked in Libel & Slander for Missouri on
Q: I’m a supervisor at my job in Missouri and one of my workers recorded me without me knowing is this legal
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 23, 2022

Missouri is a "one party" state for recording calls. Other states, like California, outlaw recording calls without the other party's knowledge.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I purchased a property in Missouri. I am past the contingencies and I decided not to purchase due to medical. The seller

Has retained an attorney. They have a contingency. What can they sue me for?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 3, 2022

They can sue you for specific performance to force the sale or for breach of contract. If they end up selling to someone else for less than your agreed upon price, they'd have a good claim for the difference as damages. Plus, under your contract you may end up on the hook for their... View More

1 Answer | Asked in Employment Law for Missouri on
Q: In Missouri, can an employer force me to work a certain day - that’s my dayoff - with only five days notice?

Halloween for personal reasons I will be a crying mess. I didn’t ask it off specifically because it’s my usual day off and I just found out a couple days ago that I have to work that day. And they’re threatening to write me up if I don’t show. Do I have any protection? Recourse?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 28, 2022

Unfortunately, your only recourse is to find other employment because no statute prevents the employer’s actions. You’ll have to decide whether not showing up is worth potentially getting fired or otherwise disciplined. Maybe you can find a Halloween party on another day.

1 Answer | Asked in Criminal Law, Business Law and Construction Law for Missouri on
Q: 1 cnt diceptful business practices and 1 cnt stealing. 1st offence. not guilty Whats going to happen. Can I beat it
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 18, 2022

No one here know the facts, the evidence, and how testimony will be viewed. Until a jury renders a guilty verdict and it is upheld on appeal, anyone can theoretically beat any charge.

1 Answer | Asked in Civil Litigation for Missouri on
Q: Suing a Scammer

I was asking my scammer lives in the us but lives in another state but can u sue a scammer I've been told by a another attorney that it would have to be civil lawsuit. it happened in august of 2018 and they said the statue has likely ran out in the state of Missouri. they said missouri has... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 18, 2022

The statute of limitations would depend upon the cause of action, i.e., type of legal claim. If you wish to sue for fraud and if Missouri law governs, the you've got 5 years under Mo. Rev. Stat. 516.120(1), with the possibility for it to be extended dependin upon when the fraud was discovered.

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