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Missouri Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: 2 people split the deposit & rent in MO. One person misleads & signs the lease without the other person's knowledge..

I paid more than half of everything. But my partner lied to me and signed it without my knowledge. Is this a crime?

James L. Arrasmith
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answered on Oct 23, 2023

If two parties agree to jointly sign a lease and one party signs it without the other's knowledge or consent, this could be seen as a breach of their verbal or written agreement. Whether it's considered a crime largely depends on the specifics of the situation and the agreements made... View More

1 Answer | Asked in Contracts and Banking for Missouri on
Q: What are the legal repercussions of “paying” off a loan to get into another loan?

Right now we have a loan with our current vehicle and its transmission went out. We still owe on this vehicle. We are going to eventually just give it back to the bank. When I tried to get another loan for a vehicle, no place would let me because of the loan I have. I used my routing number to make... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 20, 2023

You have the cart in front of the horse. You need to be asking “what are the legal repercussions of knowingly writing a bad check.” The answer is it is a crime, and you can be pursued criminally by the prosecuting attorney or civilly by the lender to whom you wrote the check knowing it would... View More

1 Answer | Asked in Contracts and Education Law for Missouri on
Q: Under the McKinney Vento law in the state of Missouri, can a school board deny a child an education?
T. Augustus Claus
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answered on Sep 11, 2023

Under the McKinney-Vento Homeless Assistance Act, which is a federal law applicable in Missouri, school boards are prohibited from denying a child access to education solely based on their homeless status. This legislation ensures that homeless children and youth have the right to a free and... View More

2 Answers | Asked in Consumer Law, Contracts, Child Custody and Family Law for Missouri on
Q: Co-signed place for ex 2015 now have default judgement 15k she was served and I wasn’t found out this week what can I do

Signed as a co-signer in 2015 to help her out stayed 2 months to help set up and we separated, we’re going into a heated custody battle while doing record searches and requests i found a judgment against me from 2016. I was never served she was and didn’t notify me the Original debt was 3-4k... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 13, 2023

I agree with Mr. Pennell about the dangers of co-signing.

For a judgment that is older than one year, the good-cause/meritorious defense bit doesn't apply. Those are the requirements to set aside a default judgment. For your judgment, if you were not properly served, you'd...
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2 Answers | Asked in Contracts, Business Law, Entertainment / Sports and Intellectual Property for Missouri on
Q: In some cases, will a talent manager that has ties to, let's say Atlantic Records, charge an upfront fee?

In some cases, will a talent manager that has ties to, let's say Atlantic Records, charge an upfront fee for their services? I'm aware it may not be common, but could it still be legit? For starters, me and my team reached out to him to pitch my music. He ended up really liking me and a... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is generally not common for a legitimate talent manager to charge an upfront fee for their services. However, there may be some cases where a manager with ties to a major record label, such as Atlantic Records, may charge an upfront fee for their services.

It is important to carefully...
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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Missouri on
Q: My mom would like to put our names on the deed to her home. It doesn't have a mortgage as she has paid it completely.

How would I go about starting this process?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 2, 2023

There are a couple of options, depending on your mother's goal in adding you to the title. One option is a Beneficiary Deed, which transfers ownership of the property at your mother's death to the people designated in the deed. If, in the alternative, she wishes to transfer ownership... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can a sub-contracted electrician be sued for shoddy and dangerous wiring of a home? We keep finding problems and hazards

The sub-contractor was brought onto the job because he “needed work”. His duty was to rough in all electrical work. We are finding loose wires that are hot, wires that do not go to anything, and overloaded breakers caused by too many lights/receptacles on a circuit. We are now paying another... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

Legally, yes you can sue the original electrician for not performing his work in a good and workmanlike manner.

But I would be very skeptical about the electrician having non-exempt assets from which you may be able to collect any judgment based on your statement that “he needed work.”...
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1 Answer | Asked in Consumer Law, Contracts and Banking for Missouri on
Q: I opened a brokerage account with TD Ameritrade and tried to withdrawal but was told I could not withdrawal my money????

I opened a brokerage account with TD Ameritrade and deposited $1,500 by way of check. They put a hold on the check for 7 days which the check cleared it was wrote from my grandmother. So today after I was told that it cleared I tried to make a withdrawal for $200 and was told I could not withdraw... View More

Jacob Rheaume
Jacob Rheaume
answered on Mar 16, 2023

You're probably not out the $1,500. I would give them more time to conduct their investigation. If you haven't committed fraud, there's likely nothing to fear.

There are a lot of reason TD Ameritrade would put a hold on your funds; namely, you seem to be using a brokerage...
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1 Answer | Asked in Consumer Law, Contracts and Animal / Dog Law for Missouri on
Q: My puppy has to be put down due to severe behavioral issues they were born with. Can I sue the breeder?

We purchased a puppy from a breeder in MO (were in a different state) that advertises family friendly dogs. Our vet behaviorist confirmed our pup was born was severe behavioral issues (anxiety, aggression, and more). Many trainers also agree. Puppy is unresponsive to meds, and due to the severity... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 16, 2023

Unless your contract contains an arbitration clause, then of course you may sue the breeder, assuming you are willing and able to pay to litigate in Missouri. Have an attorney review the contract and assess whether you'd have a strong claim. Sorry that your pub isn't what you expected or desired.

1 Answer | Asked in Arbitration / Mediation Law, Contracts, Education Law and Internet Law for Missouri on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she didn't know I was cc'd) with three employees I don't knit l know, misrepresenting themselves as the President of ASU.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 24, 2022

All I can discern from your post is the your child was the victim of some sort of discrimination based on sexual orientation and that you cannot afford to pay an attorney by the hour to represent her. I suggest you contact some attorneys who handle discrimination matters and see if anyone would... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Trying to get out of contract at my apartment, landlord refuses to fix multiple issues we have.

AC didn’t work over the summer, told them 5 times and they never did anything. Our dishwasher is broken, have told them 6 times and nothing has been done. Our neighbor is breaking the rules every day (loud and boisterous noise is absolutely prohibited), we hear them screaming and yelling every... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 11, 2022

It doesn’t really matter if an attorney thinks you have grounds to “break” your lease. Ideally, you and your landlord can reach a written agreement to terminate the lease. Suing for a declaratory judgment is an option but your case won’t end in January. Consider hiring an attorney to... View More

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Missouri on
Q: I signed a 90 day contract with my temp agency to work at a job site. I worked over a year then termination.

I never received and benefits and I never received the sign on bonus that was promised after being hired after 90 days. They hired new employees and kept me as a temp and then made me do a background check to keep my temporary job. then used it to terminate me. Can I take them to court for the... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 20, 2022

Sorry to hear that the employer did you wrong. Absenet a binding arbitration agreement in your contract you may sue in court. I suggest that you have an attorrney review the contract and assess the situation. For employment matters, attorneys sometimes represent clients on a contingency... View More

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Missouri on
Q: I was wondering is there not a cap on how much lawyers can charge for lawyer fee's on class action lawsuits?

My mom passed away in July of 2019 however she had 3 class lawsuits and they are now coming to be settled and I get these closing statements, and the lawyer's fees are up there. Ill just say that. Can lawyers just charge whatever on these cases? Just in case you need to know, I don't... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 17, 2023

For any class-wide settlement, the court must approve the award of attorney's fees and expenses. There is no universal maximum, but one-third of the settlement fund, plus reimbursement of out-of-pocket expenses, is common.

1 Answer | Asked in Insurance Bad Faith, Contracts and Real Estate Law for Missouri on
Q: Hello i am in Missouri and im looking for a lawyer to go after my home owners insurance for acting in bad faith

and breach of contract i had a lawyer but they say now they don't have the manpower to go to court so i need a lawyer that will

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2023

A Missouri attorney could advise best, but your question remains open for two weeks. You're seeking an attorney. Attorneys here can't offer their services, but you could supplement your online searches with the "Find a Lawyer" tab above, as well as attorney referral sections of... View More

1 Answer | Asked in Contracts for Missouri on
Q: My uncle promised to lend money to buy tax lein property if I won it,but backed out after. I have a fine now. Can I sue?

The promise was verbal. I needed $50 to pay off my personal property tax before I could participate in the county auction. He loaned the $50 to me and a dollar to have the auction paperwork notarized. He loaned th $50 in the form of a check. I had to Cash it at his bank.

He knew full well... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 22, 2023

Anyone can pay the filing fee and sue but I don’t think you’ll win a lawsuit based on an oral promise to lend money. One of the essential elements of a claim for breach of contract is “consideration.” I that element is lacking.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Is my lease legally binding in St Louis MO before I move in?

My girlfriend and I are moving to St Louis Missouri. On 07/10/23 we signed lease for a year with an apartment building starting 08/26/23. On 08/17/23, we called the building to confirm the details of the move, but the building manager informed us that unfortunately due to a mistake, our room will... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 25, 2023

It’s not a matter of breaking any law but rather of breaching the lease, a contract. You may sue for breach of contract to recover actual damages or for injunctive relief.

1 Answer | Asked in Contracts for Missouri on
Q: Bad contractor only came and worked one day, never returned to finish job.

I paid $11,000 (2 thirds job’s total) to replace a retaining wall & driveway. They came 1 day, tour out part of my driveway, didn’t return. I called several times next 4 months, excuse after excuse till over phone I was cursed at & bluntly saying they’ll never coming. I then filed a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 18, 2023

Look up the “American rule” on attorney’s fees.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Missouri on
Q: I have brought a new house in the last five months and it’s been nothing but problems water leaked, sewerage, electric

I have reach out the the realtor cause I didn’t buy the house as is all these problems was supposed to be fix and they are just giving me the run around what can I do cause I feel I have been taken advantage of

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 15, 2023

Schedule an appointment with a local attorney to review the sale contract and provide options. The mere fact that there are problems with the house doesn’t make the seller liable but perhaps you can prove a claim for failure to disclose defects.

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Q: If I believe I am being harassed out of retaliation (not employment related), would that be harassment or retaliation?

I have a previous landlord who is neighbors with my mother. He evicted us for breaking the lease (which we didn't) and has been harassing my mom periodically since. Most recently he has yelled at my 7 yo child for something that didn't happen.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 3, 2023

If he has threatened to harm the child seek and order of protection.

It takes a court judgment for an eviction. Therefore, if you were sued you should have had your day in court.

1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: Can I sue for false information on the contract for the house I bought?

I bought a house in January 2022, I was told the jacks, for the foundation repair in the basement that were installed prior to buying the house, were lifetime warranty by the company that installed them. I figured out a couple months ago the company that installed them in the early 2000’s is no... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 2, 2023

You should have an attorney review the contract and disclosure form to discuss whether any causes of action, such as violation of Missouri's consumer protection statute, the Merchandising Practices Act, might be worth pursining.

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