Q: Can jurisdiction be established with specific language in description when selling to out-of-state buyer? Missouri
We're thinking of re-wording our descriptions on an internet selling site to better help us deal with fraudulent or non-compliant buyers. It's our position when a buyer buys an item we have an offer with consideration and acceptance, or a contract. The offer is the description, consideration is the price and acceptance is upon purchase. We intend to strengthen the language with specific expectations of the buyer to be included in the description, including the following: "By accepting this item the buyer agrees: * The location of offer consideration acceptance and jurisdiction is (my) County Missouri, United States." Will this language force the buyer to come to my county if I should have to take legal action pursuant to the contract? Missouri has a "Long Arm" Statute but it appears it may only apply when a certain number of communications have taken place, hence the reason for asking. Thank you!
A: Your proposed language is better than nothing but you would be better off paying a Missouri-licensed attorney to draft a solid forum-selection clause, with a Missouri choice-of-law provision.
There may be other beneficial provisions to include that you didn't even consider.
Ronald J. Eisenberg
Schultz & Associates LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005
Direct: (636) 733-6647
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