Questions Answered by Kevin Webb

Q: Purchased a home in St Louis County years ago. Paid $120,000.00 and at the time it was a good buy. Property is rented.

1 Answer | Asked in Real Estate Law for Missouri on
Answered on Nov 28, 2017
Kevin Webb's answer
You can evict tenants who are not paying rent. If you do so, you can often collect owed rent as well.

Q: Took a mortgage to build a house and sell for profit. The loaner has not paid me all of the loan. He is foreclosing me

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Answered on Nov 28, 2017
Kevin Webb's answer
So, if you're in the middle of foreclosure proceedings, you definitely want to speak to an attorney. You normally wouldn't sue if you're already being sued. Instead, you would counterclaim. You'll want an attorney to guide you through this process.

Q: My lease says I am required to pay my full month of rent due on the first but I am not allowed to move in until the 19th

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Answered on Nov 27, 2017
Kevin Webb's answer
You signed it. Usually, people get it pro-rated. How long ago did you sign it? How did you negotiate it? You should speak to an attorney about the specifics of your case.

Q: I signed a contract to sell a home without being executor of the estate is it valid? can they do an heirs deed?

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Missouri on
Answered on Nov 27, 2017
Kevin Webb's answer
You need to speak to an attorney quickly. Disposing of assets after someone has passed is a routine process, which requires the intervention of the courts sometimes. If you have taken the liberty of selling something that is not yours, you may have bigger issues to worry about as well.

Q: My wife and I have rented a half duplex in Belton, MO for 12 years. The landlord has not maintained the property.

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Personal Injury for Missouri on
Answered on Nov 27, 2017
Kevin Webb's answer
It may be that you are in a property that is uninhabitable. It may be that your lease requires the landlord to maintain the property. You need to speak to an attorney concerning the specific facts in your case.

Q: Do i have to pay my rent this month?

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Answered on Nov 27, 2017
Kevin Webb's answer
Yes, pay your rent and hire an attorney to sue immediately.

Here's the deal. You either will appear in front of the judge as a deadbeat who has failed to pay--no matter the excuse--or you can appear in front of the judge as an unjustly wronged tenant, who has spent months paying for substandard conditions.

There is no exemption from paying rent, or permission to withhold rent, because of a bad premises. However, uninhabitable circumstances, depending upon facts, may help you...

Q: My county's salary commission is looking to make a salary "correction" for salaries that were not adjusted in 2007.

1 Answer | Asked in Contracts, White Collar Crime and Employment Law for Missouri on
Answered on Nov 27, 2017
Kevin Webb's answer
You may be right. It may be too late. You should check with a lawyer and see what that attorney says.

Q: can you sue a company for a representative giving wrong information when it comes to the cost of a bill?

1 Answer | Asked in Business Law, Contracts and Consumer Law for Missouri on
Answered on Nov 23, 2017
Kevin Webb's answer
Missouri law provides, in the Merchandising Practices Act, that if someone suffers damage because of deception, that person is entitled to relief. Now, just because the law says you're entitled to it, doesn't mean you get it. That's where a smart attorney comes in. Now, what you're describing may best be settled in small claims. If that is the case, you may want to do a lot of research, or you may want to talk to an attorney happy to give free and detailed advice.

Q: Can I get out of an agreement through Buy Here Pay Here lot?

1 Answer | Asked in Consumer Law and Contracts for Missouri on
Answered on Nov 23, 2017
Kevin Webb's answer
You need to speak to an attorney quickly. They can best determine to what relief you may be entitled under the law. You may ask your attorney about Missouri's Lemon Law, Merchandising Practices Act, and other opportunities for relief available to you. But there's no easy yes-or-no answer to your question, because success is dependent upon the strength of your attorney.

Q: should the amount in controversy be smaller than the amount I am seeking to get based on the contract?

1 Answer | Asked in Contracts for Missouri on
Answered on Nov 23, 2017
Kevin Webb's answer
It's important to speak to an attorney concerning this question. Without more details, such as your goal or the details of the contract, it is impossible to give you a firm answer.

Q: If seller doesn't make repairs by loan commitment date and closing is pushed back is the commitment date still binding?

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Answered on Nov 23, 2017
Kevin Webb's answer
There are a lot of questions that need to be asked before your question can be answered. Basic ones are, what duties does the seller have according to the contract? What duties does the buyer have according to the contract? Is there more than one contract governing?

Additionally, the phrasing of the relevant clauses in the paperwork can have an impact, since it is important that liquidated damages reference the fact that damages are difficult to ascertain. Getting a qualified...

Q: In Case 001-3912, I signed a written waiver of counsel form mandated by Mo.Rev.Stat. Section 600.051. However, Case

1 Answer | Asked in Criminal Law, Personal Injury, Constitutional Law and Construction Law for Missouri on
Answered on Nov 23, 2017
Kevin Webb's answer
Each case is its own case. Each case requires going through the same steps over and over again. The fact that you are asking this question suggests that you might not want to sign the form this time.

I doubt that the court will rely on a waiver in a different case for this case. That seems to me like asking the court to find you guilty of one case because you pled guilty to another case.

Q: Can I be sued for bad work my ex husband did while married that I had no involvement in?

1 Answer | Asked in Civil Litigation, Construction Law, Family Law and Divorce for Missouri on
Answered on Nov 23, 2017
Kevin Webb's answer
It can be frustrating, but it is a common frustration that one can be innocent, yet still must spend money on an attorney to prove that innocence. Fortunately, you are not wrongly accused of a criminal accusation; I know that doesn't make this any less painful, but it is also a clear example of people in similar situations. They must also pay for an attorney when they did nothing wrong.

Now, you have presented a compelling story. But if you want to present it to the judge without the...

Q: Do I have a lawsuit against the electric company?

1 Answer | Asked in Consumer Law, Personal Injury, Civil Litigation and Construction Law for Missouri on
Answered on Nov 23, 2017
Kevin Webb's answer
While this is a good question, it's important to follow up with an attorney in person. That attorney can discuss with you the importance of negligence, and your likelihood to prevail in a suit.

One thing that is considered when your case is evaluated is the possibility that you might also be at fault. You may feel insulted at the suggestion that you had anything to do with this injury, and that may be an appropriate response. But, when you are discussing this with your attorney,...

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