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Questions Answered by Kevin Webb
1 Answer | Asked in Real Estate Law for Missouri on
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.

Renters are not paying on time and ignore late fees. Still owe over $40,000.00. Told property is now worth less then $65,000.00 Do I let it go into foreclosure or what? Also told I have NO equity in the home. Not making any money and now the neighborhood, not far from Ferguson, Mo., is going down... Read more »

Kevin Webb
Kevin Webb answered on Nov 28, 2017

You can evict tenants who are not paying rent. If you do so, you can often collect owed rent as well.

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
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

My house is to be on foreclosure this following Tuesday. Can I sue him? He knows he still owes me 15,000 and that is required to finish the last steps of the house. He knows once I sell the house his debt will be paid. But he rather take my home and this house I built. Please help.

Kevin Webb
Kevin Webb answered on Nov 28, 2017

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.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
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

Wanting to know if this is legal

Kevin Webb
Kevin Webb answered on Nov 27, 2017

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.

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Missouri on
Q: I signed a contract to sell a home without being executor of the estate is it valid? can they do an heirs deed?
Kevin Webb
Kevin Webb answered on Nov 27, 2017

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.

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Personal Injury for Missouri on
Q: My wife and I have rented a half duplex in Belton, MO for 12 years. The landlord has not maintained the property.

I recently fell from the garage steps that were in disrepair. The handrail to the basement is also loose and dangerous.

I told the landlord about the fall. He stated his insurance does not cover me. What options do I have for requiring the landlord to make repairs and to require him to... Read more »

Kevin Webb
Kevin Webb answered on Nov 27, 2017

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.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Do i have to pay my rent this month?

Water has been leaking thru my dunning room baseboards. They can't find problem tore up my carpet. It has been over a month. The mold is bad. Now she said she will move us to different apt next week. I am disabled and will have to hire movers.

Kevin Webb
Kevin Webb answered on Nov 27, 2017

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...
Read more »

1 Answer | Asked in Contracts, White Collar Crime and Employment Law for Missouri on
Q: My county's salary commission is looking to make a salary "correction" for salaries that were not adjusted in 2007.

They acknowledged this issue in 2009. They now claim the county is liable to be sued. They had the same argument in 2009, but the commission decided retroactive pay was unconstitutional. Having acknowledged this more than 5 years ago, does that mean the statute of limitations has run out for anyone... Read more »

Kevin Webb
Kevin Webb answered on Nov 27, 2017

You may be right. It may be too late. You should check with a lawyer and see what that attorney says.

1 Answer | Asked in Business Law, Contracts and Consumer Law for Missouri on
Q: can you sue a company for a representative giving wrong information when it comes to the cost of a bill?

The client was quoted a cost of ~$150 when the bill got changed it was ~$195. The company offered a $25 credit but could not match the cost that there representative quoted initially. Client has this in writing.

Kevin Webb
Kevin Webb answered on Nov 23, 2017

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... Read more »

1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: Can I get out of an agreement through Buy Here Pay Here lot?

We recently bought a 2005 Chrysler Town and Country from Carmart August 31st. It has been nothing but problems. They knew our situation as we have a disabled father (in wheelchair) and we needed something reliable that he could get into & would fit his wheelchair. We paid 1500.00 down and 150... Read more »

Kevin Webb
Kevin Webb answered on Nov 23, 2017

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... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: should the amount in controversy be smaller than the amount I am seeking to get based on the contract?

ccc

Kevin Webb
Kevin Webb answered on Nov 23, 2017

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.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: If seller doesn't make repairs by loan commitment date and closing is pushed back is the commitment date still binding?

Do I lose my earnest money when deal falls through?

Kevin Webb
Kevin Webb answered on Nov 23, 2017

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...
Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Constitutional Law and Construction Law for Missouri on
Q: In Case 001-3912, I signed a written waiver of counsel form mandated by Mo.Rev.Stat. Section 600.051. However, Case

001-3912 was dismissed by nolle prosequi. Could the form I'd signed in Case 001-3912 constitute compliance with Section 600.051 for my subsequent Case 011-2189 and relieve the trial court from obtaining a new form pertinent to the new case?

Kevin Webb
Kevin Webb answered on Nov 23, 2017

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...
Read more »

1 Answer | Asked in Civil Litigation, Construction Law, Family Law and Divorce for Missouri on
Q: Can I be sued for bad work my ex husband did while married that I had no involvement in?

We are now divorced, but we're married when he did a bad remodeling job. They are now sueing me because we were married at the time. I had no involvement in the job, business, or contract. We have always had separate bank accounts, no joint assets, and I received no money for this work. I knew... Read more »

Kevin Webb
Kevin Webb answered on Nov 23, 2017

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... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Civil Litigation and Construction Law for Missouri on
Q: Do I have a lawsuit against the electric company?

I was putting a metal roof on our porch today and my ladder slid, when I caught myself my arm touched a service drop that runs to the meter loop, when it done so I was electrocuted causing a small burn on my arm and numbness and tingling in my hand and arm, when I looked at it I noticed it was... Read more »

Kevin Webb
Kevin Webb answered on Nov 23, 2017

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...
Read more »

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