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Missouri Contracts Questions & Answers
1 Answer | Asked in Contracts for Missouri on
Q: Can i tear out a piece of concrete that i poured if the contractor doesnt pay me
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 20, 2020

You can sue the contractor or file a mechanic’s lien. Trespassing and tearing out the concrete is a dangerous strategy.

1 Answer | Asked in Contracts and Collections for Missouri on
Q: Within a promissory note in the state of Missouri, are they able to make it non-disclosure that I cant share with anyone

Non - disclosure meaning I cant share it even with my close family members let alone attorneys?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 13, 2020

I'm not aware of any Missouri law that prohibits a non-disclosure provision in a promissory note.

1 Answer | Asked in Contracts for Missouri on
Q: My wife signed an agreement to a backup offer without my consent. Are we able to cancel our backup offer?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 8, 2020

You didn't indicate whether this was a real estate contract or something else. Regardless, you ought to have an attorney review the contract and assess the facts in order to give you meaningful advice. You are better off spending a little money for a consultation now than thousands in defending a... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: I am sick from living in horrible conditions in my rented house. Can I get out of my lease? Sue for damages?

I am living in a rented slab home that had sewer work done in the house starting Jan 2nd. I have been living in a trashed home since: cement and sewer mud dust is on everything. Now I am ill. They don't take the cleanup seriously. Cheap help may be coming. I am thinking I might want to sue to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 31, 2020

I am sorry to hear about your terrible living situation.

Yes, you can file a lawsuit. Whether you win will depend upon the claims you plead, the facts, the law, and (most likely) whether the parties hire counsel. I suggest that you meet with and attorney to review the lease and all of the...
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1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Libel & Slander for Missouri on
Q: Can you be found guilty of a CRIME in a civil case?? And if so,Why would I NOT be allowed to sue for perjury??

I was told that only the prosecutor can pursue the person who sued me in civil case and lied under oath, because perjury is a crime.

If that is true, how can I be sued for a CRIME, if not by the PROSECUTOR, in CRIMINAL Court????

Ok. To try to be clearer.... OJ Simpson was tried for... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 11, 2020

I’m not following your post. Perjury is a crime and you seem to understand that a prosecutor prosecutes criminal cases. Some acts can be pursued both civilly and criminally. Think OJ Simpson.

1 Answer | Asked in Contracts and Estate Planning for Missouri on
Q: My grandma died & I don’t know how to view her will & I don’t talk to her POA . How do I find out if What’s in the will.

My grandmother use to live in Chicago il , then her Poa moved her to Missouri .

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

Check with the court that handles probates in the vicinity of where your grandmother passed away. If a case has been opened to probate her estate, the will must be lodged with the court. Once lodged with the court it becomes public record. You can view it and even obtain a copy (usually for a... Read more »

1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... Read more »

2 Answers | Asked in Contracts for Missouri on
Q: I ran a stop sign into a cop. He gave me a paper saying I ran sign but not into him. He also gave me a court date.

What is going to happen in court?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current dilemma.

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2 Answers | Asked in Contracts for Missouri on
Q: I pay my rent online the website always says my rent is 800. My lease says 850. I am now being charged back rent.

I pay my rent online the website has always said my rent is 800. My lease says 850 which I did not know as I just renewed my lease without reading it. I am now being charged back rent for the extra 50 that I have not been paying. If it has always said 800 on their website is it legal for them to... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 21, 2019

It's not a matter of legal v. illegal but rather a matter of what your contract states. It sounds like you've been underpaying rent due to a mutual mistake but that you owe the amount stated in the contract.

You should have read your new lease before signing it. The failure to read a...
Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Missouri on
Q: How can I get the seller to release the earnest funds in escrow after we cancelled the contract due to the inspection?

We have an inspection contingency in the contract and after the inspection came back with mold and other significant findings we decided to cancel the contract. The seller is not signing the release for the title company to release our funds. How can we get our earnest money back? Can the... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 13, 2019

Sometimes sellers can be frustrated when a contract falls through. As long as your cancellation of the contract was within the time provided by the contract you are entitled to return of your earnest money deposit. An attorney can help you with this issue.

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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 Contracts, Land Use & Zoning and Landlord - Tenant for Missouri on
Q: Someone posseses a general warranty deed but wants nothing to do with it,someone else claims her deseased husbandowned

Deceased husband along with herself signed it over to current general warranty deed person

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2019

If you want a lawyer to help you do whatever it is you are trying to do, you must restate the question--and add many more facts when you do.

1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: How do you remove and expired judgement that is past the Statue of Limitations?

Her license is still suspended which has resulted in multiple tickets. How can she still have a suspended license if the Statue of limitations has passed.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 15, 2019

Casenet will continue to show the judgment, even after 10 years, if that is what you are asking.

1 Answer | Asked in Contracts for Missouri on
Q: We thought we only signed a year lease and they Just informed us it automatically renewed for year

There is one sentence stating the lease will automatically renew after year lease but was never told how we had to avoid that. We assumed that our lease was up in September and we told them we were moving and they said we never told them not to renew the lease. How can we get out of this lease. We... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 27, 2019

Have an attorney read the lease and see if there is a way out. Leases commonly have automatic renewal provisions and they are generally enforceable. You could have given timely written notice that you were not renewing.

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is there a specific type of lawyer to work with to draft a contract to give to someone to that owes you a large sum of $

Here is the situation: Currently the debtors are working with me, and agreeing to work out payment solutions including legal action if necessary. I want to make sure this next document\contract we sign contains the right words follows the right steps to allow me to collect should this go to a legal... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 9, 2019

Any contract attorney should be able to help you with this type of agreement. If the debtors breach the agreement you will still have to go through the court process but you can put in provisions that will give them incentive not to breach.

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2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?

Is there any type of language that can be in a contractual document that secures the the lender ability to secure debt?

In learning about the legal world it is all about the language or how something is written, of wills, and any sort of contractual document. My question is: Is there any... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Aug 25, 2019

You can include any language you want in the contract. But in order to garnish wages or attach an account you have to have a judgment. That requires an action filed in court.

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1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: We are renting a townhouse and the garage door won't stay closed. Can we terminate the lease?

Our garage door will open in the middle of the night on its own. It will also open while we are gone for the week/weekend and stay open for days at a time without us knowing. We have told our landlord of the issue 3 times in 2 months and it still isn't fixed. They had their maintenance person come... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 16, 2019

I should publish an article on this type of question because it comes up so often. I don’t mean the garage door issue but rather a tenant who is upset about the condition of the premises and wants to terminate the lease.

Here’s my answer.

1. If you and your landlord can...
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1 Answer | Asked in Contracts and Small Claims for Missouri on
Q: I need to postpone my wedding. I asked the weeding venue and they said yes. When asked about forwarding the payments

already paid, they stated none of my money will go towards my new wedding date. The contract only states just the deposit is nonrefundable. I have decided that I will no longer move forward with this venue for that reason. Are they legally allowed to keep all of the money I have invested beyond the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 7, 2019

You should have an attorney read the contract and provide you sound advice. You might be obligated to pay the full sum you agreed to pay.

1 Answer | Asked in Contracts for Missouri on
Q: I was mislead into signing a contract what are my options for this

I went to a company for products and services was quoted a price before signing the contract and now that I have signed the contract they are saying that the price I agreed to is wrong and I was never given a copy of the contract

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 30, 2019

Your opening statement does not work well with the facts you stated later. Were you misled into signing a contract and want out, or is the provider trying to change the terms of the contract and you want it to stay as is?

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