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Missouri Contracts Questions & Answers
0 Answers | Asked in Employment Law and Contracts for Missouri on
Q: Am I considered an employee for maintenance work for my landlady in Missouri?

I work part-time for my Missouri landlady, performing various maintenance and repair tasks such as plumbing, electrical services, tree removal, and building and grounds maintenance. I am paid by the task, either in cash or by check, based on an oral agreement we've had for years. I do not... View More

0 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Probate for Missouri on
Q: Missouri jurisdiction over fraud claim against Missouri trustee for British Columbia trust agreement.

What is the Missouri case law or precedent that supports Missouri courts having jurisdiction over a claim against a Missouri trustee for fraud relating to a British Columbia trust agreement? The issue involves a breach of fiduciary duty where the trust agreement was signed and notarized in... View More

2 Answers | Asked in Consumer Law, Contracts and Insurance Defense for Missouri on
Q: Cancellation options for AOB contract signed by non-policyholder in Missouri.

My brother signed an Assignment of Benefits (AOB) form with a roofing company to repair the roof without understanding the implications. He is not listed on the insurance policy or the home mortgage, but the contract states they will retain 35% of the insurance payout if canceled. My brother wants... View More

Robert Grant Pennell
Robert Grant Pennell
answered on May 15, 2025

The roofing company's contract is not enforceable because it was signed by someone who lacks the authority to act on your parent's behalf. Your brother is not on the hook for anything because he has not breached the contract. If canceled, the roofing company is entitled to 35% of the... View More

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1 Answer | Asked in Elder Law, Nursing Home Abuse, Contracts and Personal Injury for Missouri on
Q: 92-year-old mother receiving inadequate care; solutions needed for better caregiving and POA concerns.

My 92-year-old mother lives at home and my sister has Power of Attorney and control over her finances. My sister and brother are her caregivers, but they provide inadequate care, and their actions raise concerns. For example, my sister uses my mother's credit card and van for personal use, and... View More

James L. Arrasmith
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answered on May 15, 2025

vYou are in a difficult situation where your mother's care is inadequate, and her Power of Attorney (POA) is being misused by your sister. Since your sister has control over your mother's finances and medical decisions, you may want to consider contacting an attorney who can review the... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Missouri on
Q: Can I install a lock on my bedroom door while subletting a room in Missouri?

I'm subletting a room in Missouri with only a verbal agreement to pay all utilities, while the main tenant pays the rent. I've had my things gone through, and some items have gone missing. Due to my work schedule, I can be away for up to 48 hours. I'm concerned about my privacy and... View More

James L. Arrasmith
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answered on May 15, 2025

You're not wrong for wanting to protect your space—having your things gone through and items go missing is a serious invasion of trust. Even though you're under a verbal sublease in Missouri, you still have basic tenant rights, including the right to privacy in the room you're... View More

1 Answer | Asked in Contracts and Civil Litigation for Missouri on
Q: Wrong person signed a property warranty agreement. Who is liable?

I have a situation where a warranty agreement was signed by the wrong person. The document states that the signer represents and certifies they are authorized by the warrantor to execute the warranty, thereby binding the warrantor to its terms. However, the person who signed was actually the seller... View More

James L. Arrasmith
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answered on May 15, 2025

That’s a frustrating and confusing situation, especially when something as important as a property warranty ends up in the hands of someone who wasn’t supposed to sign it. If the document clearly states that the signer is certifying they have authority to bind the warrantor, and the signer was... View More

1 Answer | Asked in Estate Planning, Contracts and Family Law for Missouri on
Q: Can a son co-trustee undermine a prenuptial settlement in Missouri?

My husband has established a trust with his son as the co-trustee. We have a prenuptial agreement that stipulates I will receive a financial settlement upon his death or in the event of a divorce. There is no specific clause in the prenup regarding the trust, but there have been two modifications... View More

James L. Arrasmith
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answered on May 15, 2025

Your concerns are completely valid, especially when someone with control over the trust—like your husband's son—may have personal motives that conflict with your legal rights. A prenuptial agreement is a binding legal contract in Missouri, and its terms are enforceable as long as it was... View More

2 Answers | Asked in Construction Law, Contracts, Gov & Administrative Law and Real Estate Law for Missouri on
Q: Is the seller liable for a mistakenly signed warranty in new construction?

I purchased a new construction home with a 1-year warranty included as part of the official sales contract. The warranty documents were mistakenly signed by the seller, who is the Mayor representing the City, instead of the builder. The builder claims he would not have provided a warranty and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 8, 2025

It doesn't matter whether I, or some other attorney, who has not read the contract and been hired by you, opines that the seller is responsible. If the parties don't reach an agreement, then the court will decide. That's why we have a judicial system. I suggest you educate... View More

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1 Answer | Asked in Contracts and Consumer Law for Missouri on
Q: Am I liable for money sent voluntarily by someone to pay fees?

I live in Missouri and was informed by Rhonda that my name was on a list from an organization, suggesting I might be eligible for funds. I later discovered this involved continually paying fees through bank transfers and gift cards with Rhonda voluntarily helping me financially, knowing the process... View More

James L. Arrasmith
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answered on May 15, 2025

If Rhonda gave you money voluntarily, without any written or spoken agreement that you would repay her, then you likely are not legally obligated to pay her back. In Missouri, as in most states, a gift is not considered a debt. If she provided funds with full awareness of the situation and didn’t... View More

3 Answers | Asked in Animal / Dog Law and Contracts for Missouri on
Q: Can I reclaim a puppy I sold without a contract in Missouri?

I recently sold a puppy to a woman in Missouri for $50, without a contract, but I informed her verbally that I'd take the puppy back if needed. She is now attempting to sell the puppy for $150 using my pictures for advertisement. I attempted to contact her, but she refused to return the puppy,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 3, 2025

You sold it a got paid. You have no right to the puppy at this time.

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2 Answers | Asked in Consumer Law and Contracts for Missouri on
Q: Can an Instagram agreement enforce a $1,000 cancellation fee for a high school student?

I'm a high school student, and I agreed to a deal with someone on Instagram where I paid $100 for online tutoring on making money. I signed an agreement with terms that if I backed out, I would have to pay a $1,000 fee. I paid $100 but decided to leave a week later without receiving or taking... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2025

I should note that no attorney can accurately assess the ramifications of a contract without reading it in its entirety. That said, I will offer the following:

First, how old are you? Under Missouri law, you are not competent to enter into a contract until you are eighteen (18) years old....
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Q: Legal guidance for Missouri business offering propane tank repainting and branding services.

I am planning to launch a business in Missouri under the name PaintMyTank, focusing on repainting residential and commercial propane tanks. Our services include solid color repainting, custom artwork, and logo branding, all performed at the customer's location. I understand that tanks cannot... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 22, 2025

Congratulations on your new business venture. I hope things go well for you.

On the one hand, you are asking the right questions. Unfortunately, a forum like this cannot provide adequate responses.

You will need to hire a business lawyer to assist you with these issues. I recognize...
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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Missouri on
Q: Can a subleaser require me to share paid internet?

I have subleased a room, and the subleaser wants to change the terms of the agreement by adding that I am responsible for sharing the internet service that I pay for. The original lease and sublease agreements were provided to me three days after I paid the rent. Can the subleaser legally require... View More

James L. Arrasmith
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answered on May 15, 2025

No, your subleaser cannot legally change the terms of the agreement after you’ve already paid rent and moved in—especially without your consent. If the original sublease did not state that you must share internet access or pay for shared internet use, they can't just add that requirement... View More

1 Answer | Asked in Estate Planning, Contracts and Family Law for Missouri on
Q: Should my trust portion be separated due to concerns about stepchildren's actions?

My husband has a trust fund, and I signed a prenup that specified a particular amount I am to receive as a specific bequeath. Due to concerns about the actions of my husband's daughter and son, should my portion of the trust be kept in a separate account to ensure its protection?

James L. Arrasmith
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answered on Apr 12, 2025

Separating your designated portion of the trust into a distinct sub-account provides significant protective advantages, creating both clearer documentation and enhanced safeguards against potential interference. Trust law generally permits segregated accounting within broader trust structures,... View More

2 Answers | Asked in Bankruptcy, Real Estate Law and Contracts for Missouri on
Q: Using paycheck funds to buy a vehicle before Chapter 7 bankruptcy in Missouri.

I am considering using my paycheck funds to purchase a vehicle outright for less than $5,000 before filing for Chapter 7 bankruptcy. We are filing pro se and hope to do so within the next 3 months. We own a home valued at $75,000 with a $72,500 loan and a current vehicle for which payments are... View More

Timothy Denison
Timothy Denison
answered on Apr 5, 2025

Consult a bankruptcy attorney before buying a car so he can assess your complete financial situation.

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2 Answers | Asked in Business Law, Contracts and Small Claims for Missouri on
Q: Can one LLC sue another LLC in Missouri small claims court?

I am part of an LLC in Missouri, and we have a dispute with another LLC over a cancelled event. We paid $250, and there was a contract stating that refunds would be issued only if the event was cancelled by the organizer. The event was cancelled due to a lack of participation. Despite attempting to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 29, 2025

Yes, LLCs may be parties to lawsuits in small claims court. Getting and collecting a judgment for only $250 will take a fair bit of time. Most small claims judgements go uncollected.

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2 Answers | Asked in Business Law, Employment Law, Arbitration / Mediation Law and Contracts for Missouri on
Q: Seeking options after 10 months of workplace bullying and demotion.

I have experienced 10 months of workplace bullying, abuse, and harm at my current workplace, along with my partner. I was demoted from my position, socially isolated, and publicly and privately smeared. I've been focusing on healing and have been on leave from work for a month. Currently, a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 7, 2025

I suggest you pay an attorney to review your employment agreement and provide a consultation. In general, however, what you've described falls into the categories of "My employer is unfair" and "My employer is mean." Unfairness and meanness are not unlawful under Missouri... View More

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1 Answer | Asked in Contracts and Business Law for Missouri on
Q: How to handle conflicting wedding service cancellation fee terms with documented proof of lower fee?

I booked wedding services on October 4, 2025, with a non-refundable booking fee of $300, which I paid. However, the agreement PDF titled "INSTRUCTIONS FOR RESERVING OUR SERVICE" indicates a change in cancellation terms across two parts. The summary section claims a $300 cancellation fee... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating situation, especially when you’ve made plans in good faith and have clear documentation to back up what was originally agreed. When contract terms are conflicting or unclear, Missouri law generally interprets them in favor of the party that did not draft the... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant, Civil Litigation and Contracts for Missouri on
Q: How can I retrieve vehicles and camper sold by my ex, located on someone else's property?

I have a situation where my ex and I co-own two trucks, and I possess the title to both. However, my ex has sold my camper—solely in my name—to the current property owner who refuses to let me retrieve my trucks. I was granted a full order for protection against my ex after a domestic violence... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an incredibly difficult and emotional situation, especially after going through a protective order hearing. The fact that your name is on the titles and you were awarded protection shows that your ownership and safety are being taken seriously—but the property owner isn’t legally bound... View More

3 Answers | Asked in Bankruptcy, Collections and Contracts for Missouri on
Q: Who is responsible for my bills after my debt consolidation company filed bankruptcy?

I filed my bills with a debt consolidation company, Litigation Practice Group, but they filed for bankruptcy in 2024 and didn't pay my bills despite me paying them in full. I have proof the money was withdrawn from my account. I have a contract with them. Now the creditors are calling and... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2025

You are responsible for them. You may want to file a fraud claim against the debtor for fraud for not paying your bills.

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