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Missouri Business Law Questions & Answers
1 Answer | Asked in Business Law and Contracts for Missouri on
Q: Can I cancel a window contract in my home within 72 hours of the signature with out penalty, even if the contract says

Contract says must be mailed, I emailed my desire to cancel and phoned without signatures

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 25, 2019

I'm not aware of any cases addressing you specific issue. The statute seems to contemplate either mailed notice or in-person delivery of the notice, because it states, "Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement."... Read more »

1 Answer | Asked in Business Law for Missouri on
Q: Could I take an out-of-state online business to small claims court?

This last May, I won $500 in free airfare credit from a vaping website I use, named Breazy. I was told I would have my prize “no later than the 30th” of the month (so May 30th). It’s now almost mid October and still no prize. I’ve emailed and called many times. Filed a BBB complaint that... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2019

I'm sorry to hear that Breazy won't keep its word. Filing suit in small claims court against an out-of-state company like Breazy won't do you much good for reasons that would take too long to explain in a short answer, but deal with your ability to collect the judgment if you get one. I suggest... Read more »

1 Answer | Asked in Business Law and Intellectual Property for Missouri on
Q: is it legal to pose as the Grinch in Christmas pictures to photograph, and sell those images?

My wife and her business partner own their own photography company and were wanting me to dress up as the Grinch and photograph other people with the Grinch during Christmas. Obviously they would be paid for their services. They read somewhere about a photographer being sued by Dr Seuss and... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 7, 2019

You could repost your question and add Intellectual Property to your categories. Attorneys who work in that area would be likelier to recognize the issues that concern you than ordinary Business Law/Business Formation attorneys. Good luck

Tim Akpinar

1 Answer | Asked in Business Formation, Business Law and Consumer Law for Missouri on
Q: IF I CANT AFFORD THE CAR I PURCHASED ( MONTHLY PAYMENTS ) CAN I ASK THE CREDITOR TO REPOSSESS THE CAR?

I NEVER PAID THE SALES TAX ON IT, I CANT AFFORD THE TAXES,$1800, IT WAS NEVER TITLED IN MY NAME, IVE BEEN DRIVING AROUND WITH MY OLD PLATES FOR 6 MONTHS, AND IM 3 MONTHS BEHIND IN THE PAYMENTS. I NEVER SHOULD HAVE PURCHASED THE CAR, ITS ALMOST $ 400 A MONTH, AND MY HOURS AT WORK HAVE BEEN CUT. CAN... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 22, 2019

You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Missouri on
Q: Owners of Lodging Establishments Selling 5 Bedrooms to Consumers 7-20 years without mandatory State License RSMO Chap315

Resubmit Q rewritten: What legal regress / Protections are afforded Consumers when a Judge holds a Biased Court, refuses to let the Jury See Evidence /Hear Evidences of Willful, Wanton/Malicious Fraud, Misrepresentation of Consumers, Breach Of Contract by Owners of State Unlicensed Lodging... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 28, 2019

FYI: The "Judiciary" does not "prosecute" anyone. The judiciary adjudicates legal disputes arising between people and brought in various civil courts--and in some situations the judiciary also hears and decides criminal cases brought by state and federal prosecutors against people accused of... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Missouri on
Q: What can I do if my job schedules me as a"customer service manager" and I get paid as a cashier?

The pay is$2 more, I've been doing this for 9 months now, I was interviewed for the actual position but haven't heard back yet, I just find this situation very unfair

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 18, 2019

290.100. Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to reduce the wages of its employees, or any of them, shall give to the employees to be affected thereby thirty days' notice thereof. Such notice may be given... Read more »

2 Answers | Asked in Business Formation, Business Law and Trademark for Missouri on
Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?

I’m starting a hair extension business but in the future I want multiple business under the brand name (ex. Fenty by Rihanna). I need advice on trademarking the name and llc.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 15, 2019

I would recommend that you have a trademark attorney like myself conduct a trademark search for you.

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1 Answer | Asked in Business Law for Missouri on
Q: As a Unit Owner, how can I force Board compliance of MO 448.3-108 when the Board and Management Company refuses

to provide unit owners with items on the meeting agendas (or meeting agendas) at all, stating that they do not have to.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 14, 2019

I don't know what legal basis they are providing for not following the statute. If what they are doing violates the statute, you can file suit to obtain compliance but that will be a costly endeavor.

1 Answer | Asked in Business Law and Real Estate Law for Missouri on
Q: I was wondering if i needed a license to wholesale homes in the state of misouri?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 1, 2019

You do not need a license to purchase and sell homes that you own in Missouri.

1 Answer | Asked in Business Law for Missouri on
Q: Is it illegal for a business to not have a begining and ending balance when paying installments?

This is on a mattress. They think they can repo it at your at will without documentation to enter home. They want payment but will not except check but want currency. I remember when I bought the mattress the sales person wanted to know if I wanted used or new. I thought that was odd because I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 28, 2018

If the contract shows the amount due and the installment amount and any interest, then I'm not sure you've been wronged. Whether the business may break into your residence to nab the mattress is a separate issue.

1 Answer | Asked in Criminal Law and Business Law for Missouri on
Q: stolen business identity

I own a small business and advertise with a well know advertising company. My ex logged into my business profile without my knowledge and changed name, address and phone number to a (same type) business he recently started. He had all my info including reviews merged to his new business claiming he... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 31, 2018

Here’s the Missouri computer tampering statute. https://law.justia.com/codes/missouri/2016/title-xxxviii/chapter-569/section-569.095/

There’s also a federal one. You may only have a subpoena issued if the lawsuit has been filed. Also, depending on the location of the business you...
Read more »

1 Answer | Asked in Business Law and Communications Law for Missouri on
Q: Can you record a conversation you are a part of without anyone else knowing?

Two parties working in a business capacity, when it is revealed at the end that one party recorded without knowledge or consent of the other? Does the “one person” rule apply to the person doing the recording or does it imply knowledge by another party to the conversation?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 4, 2018

In Missouri, if two people are on a call, either one can record without the other’s consent.

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for Missouri on
Q: I have discussed this issue prior to receiving the settlement offer. Am I unable to accept due to this clause?

Confidentiality. Customer hereby represents and warrants that Customer has not and will not disclose the financial terms of this Agreement to anyone other than, legal counsel and/or a financial advisor. However, Customer warrants if Customer discloses the terms of this Agreement to legal counsel,... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

The agreement refers to keeping its terms confidential. I don't see how your discussing your situation with someone prior to receiving the agreement could be a breach of the agreement. The last sentence you wrote, however, ends with "Custom" so I don't know what is missing. If you have concerns... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts, Real Estate Law and Banking for Missouri on
Q: Can a lien be filed on real property for non-payment of an unsecured promissory note?

I loaned a start up business some money and obtained an unsecured promissory note because there were no assets. There have been no payments made on the note and the company now has assets, namely real property, Can a lien be filed against the real estate or any other assets the company now owns?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 3, 2018

Unfortunately, an unsecured promissory note cannot justify a lien on the real property. However, if you file an action and get a judgment for the amount of money owed on the promissory note, the judgment can be filed against the real property if the name on your judgment and the name of the owner... Read more »

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 Tax Law, Gov & Administrative Law, Business Law and Business Formation for Missouri on
Q: I'm tring to open a business and I'm tring to figure out what's taxable and what's not and if it is what's the tax
Matthew M Montoya
Matthew M Montoya answered on Sep 26, 2016

Tax law is certainly complex and depends entirely on your factual situation. It's commendable that you're inquiring about your tax obligations at such an early stage. Getting these systems down will greatly benefit you in the long run.

The IRS publishes small business guides that...
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