Lawyers, Answer Questions  & Get Points Log In
Missouri Contracts Questions & Answers
1 Answer | Asked in Contracts for Missouri on
Q: If I have already signed an offer agreement for a house, is it possible to rescind my offer before closing?

I was told by the agent to sign the offer agreement but nothing was explained to me about it, now he’s adamant about me giving the deposit. The closing is three weeks away.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 3, 2021

For most people, a house purchase is the largest financial transaction that they will ever make. You shouldn’t have signed without agreeing or understanding it. That being said, the contract terms might still give you an out. Perhaps there are contingencies. Have a local attorney review the... Read more »

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Libel & Slander for Missouri on
Q: What steps do I need to take to get deposit back

I can't relocate at this moment

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 28, 2021

You've not provided any facts so there's no way to determine whether you are entitled to a return of your security deposit. If you are looking to terminate your lease before the agreed-up term expires, then it is unrealistic to believe that your landlord will simple agree to a mutual... Read more »

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: Can I go under contract on more than one house?

This is not a construction loan. We are buying the home from the builder once complete. We went under contract on a custom built home 7/4/2020 with completion 12/25/2020. We signed an amendment extension 01/04/2021 for it to be completed 4/30/2021. The house is just framed. So there’s no way it... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 28, 2021

You need to have an attorney read your contract to see if it provides an out. In general, a party to a valid contract may not simply change his or her mind. A house purchase is way too large a contract to guess as to your rights and remedies. It will cost you something to confer with a local... Read more »

1 Answer | Asked in Animal / Dog Law and Contracts for Missouri on
Q: Can a dog breeder enforce a contract that was never mentioned before taking a monetary deposit?

My husband and I have been working with a breeder to purchase a puppy. In the beginning we were told "when he goes to his new home he will be current on vaccines and wormer, have his health check with our vet, AKC registration application, a puppy starter pack, and a genetic health... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 17, 2021

The question is “what is your contract.” In other words, did you have an oral contract under which you paid the deposit? If so, then the breeder cannot add terms thereafter. You may be able to pursue a claim for breach of contract or violation of Missouri’s Merchandising Practices Act (our... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have a 30 yr contract for deed, is there a statute of limitations to dispute being charged for insurance

I am being forced to pay insurance on the property or face foreclosure. Even tho the contract does not state that I am to pay said insurance. Is there a statute of limitations to file suit for recovery of insurance premiums.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 4, 2021

Have an attorney review the contract. Contracts for deed, in my experience, generally turn out poorly for the tenant. Missouri has different statutes of limitations for different causes of action. Breach of contract is generally 5 years but breach of a written contract to pay money is 10 years.

1 Answer | Asked in Contracts for Missouri on
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,... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 30, 2020

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....
Read more »

1 Answer | Asked in Contracts, Employment Law and Civil Rights for Missouri on
Q: my boss fired me out of retaliation for asserting my rights as a pet owner and the poeple who stole our cat.

being fired had nothing to do with my job and i know missouri can fire you for cause but this i feel was brought on because i went against her and tried to get my cat back home. do i have any grounds to stand on not to mention she has alot of my tools and wont give them back and didnt even give me... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 24, 2020

I don’t understand why your boss would fire you for trying to get your stolen cat returned but, even if that were true, there is nothing improper, in an employment-at-will situation, for an employer to fire an employee on account for a cat situation.

The unpaid wages presents a different...
Read more »

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: Out of state customer signed a construction contract on 10/26/20 and on 11/30/20 backed out and wants down payment back.

I am an Insulation Contractor from Illinois where I live and work full time. My client, whom I’ve never met face-to-face (we’ve only communicated via texts and phone calls) dialed me from New York, where he lives and works and requested a quote for Crawlspace Encapsulation for his new future... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 2, 2020

I suggest that you repost your question and list your location as Illinois rather than Missouri, because you've got a state law issue.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Can a buyer walk away from buying our house when contracts have been signed?

We had no contingencies and it was an all cash offer, but the buyer has not provided proof of finances. Buyer also gave us two weeks to move out, so movers have been hired, a new house has been purchased (contingent on current house selling), and suddenly buyer has gone quiet and is unable to be... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 24, 2020

Go see an attorney to discuss filing suit for specific performance or breach of contract. Based on the facts that you described it sounds like you could assert strong claims. A good attorney will help you assess practical considerations, however.

1 Answer | Asked in Contracts for Missouri on
Q: Can a board fire the professional management company and take over the duties of managing the money and work themselves?

I live in a condo association in Missouri (164 units) with monthly fees, managed by a professional company and a newly elected board. They are going to end the 3 year contract with the professional management company early (with 1 year remaining) and take over all the duties without a vote or... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 7, 2020

Read your indentures and rules and regulations. I doubt that those documents require the hiring of a third party management business.

1 Answer | Asked in Contracts for Missouri on
Q: Am I still obligated to buy?

I signed a contract to buy a property, then made a counteroffer which was accepted. Now the owner must pursue a quiet title and has not signed the extension of the closing date. Am I still obligated to buy?

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

Your contract controls. If you are not clear as to its interpretation then have an attorney review it. I suspect it calls for the seller to convey clear title.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have signed a lease with a move-in date of 09/15/2020, however they did not conduct an inspection until 09/16/2020.

The landlord did not make sure that the property was deemed habitable before my move in date. They are now wanting me sign a revised move in date change lease and I refuse and want my money back.

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 20, 2020

It ua necessary to review the whole contract to know whether it can be rescinded. However, it is worth mentioning that the Covenant of Habitability is part of a lease agreement. You contact a housing attorney. Good luck!

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: Does an unsigned revised lease with modified move-in and move-out dates make the original lease null and void?

I was rushed into signing a 2 year lease agreement via docsign without seeing the property first (although I requested to see it and they ignored my request). After viewing the property, my child had an allergic reaction to the carpet and things were not in good standing at the property. Was not... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 20, 2020

You are in a bad position. The fact that you felt rushed and chose to sign without seeing the place is an explanation but is legally irrelevant. You chose to sign nonetheless. If you were not to pay rent and get sued then a court would likely find that the signed lease controls. You’ve raised... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: What is involvement and cost to go to small claims court? I want my refund from a canceled concert-they ignore my calls.
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 15, 2020

Visit the website of your local circuit court. It will contain a fee schedule.

1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Missouri on
Q: can i sue a dr for not prescribing my son meds??

I have been in and out of Dr. offices, psychiatrist's, and Counsiling appointments since I was 12 years old, taken from my mother for child abuse and neglect. I was taken to a boy's and girl's home called The Noyes Home in St. Joseph, MO: I have been on meds every since. I have been... Read more »

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

It’s not a lawsuit unless you sue and have a case number. I don’t think that it will be worth your spending thousands of dollars to sue and doubt that any attorney will represent you on a contingency basis because your damages are not easily quantifiable. Plus, you are entitled to go see a... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Missouri real estate question Small claims possible for unperformed repairs?

Addendum after inspection we asked for licensed qualified contractor to expoxy inject and add carbon fiber strips where needed to repair crack in foundation.

The sellers response section says "will add carbon fiber strips"

This partly creates an issue as to if they need... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 21, 2020

An attorney would need to read the contract to give sound advice. It might be that you could plead a strong claim for breach of contract or violation of the Merchandising Practices Act. Before you sue, you should be aware whether you contract has language that would put you on the hook for the... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: The validity of a Landlorf-Tenant contract and the Letter Of Intent

Regarding a contract for the use of a building. It has been signed by both parties. The date agreed to have use of the building is October 1, 2020 for $3000 monthly rent giving us 3k sqft and verbally agreeing to adding another 50 sqft to make it 3050sqft of usable space.

The initial... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 9, 2020

The validity of a contract is determined by its terms. You should have had an attorney involved in reviewing the contract. There are many contractual provisions that a landlord will right in a pro-landlord manner that an attorney could have adviseD you. I cannot tell from your post whether... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Landlord and I verbally agreed to me “staying”, but never renewed a lease. Am I obligated to stay for another year?

We did not sign a new lease and the contract says nothing about an automatic renewal. States that the lease can be extended by a written agreement. The only language related to this is “to pay double rent for every day that the possession of the Premises is held after termination of this Lease... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jul 31, 2020

When the term set out in a lease Expires, the lease converts to month-to-month, UNLESS the lease says otherwise. It is important to carefully read the lease to be sure.

1 Answer | Asked in Contracts for Missouri on
Q: I signed month month base lease a yr ago now they say we have move hospitality law what is that and do we without evicti

What is hospitality law can they just throw us out without eviction

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

I've got no idea what your landlord is referring to. If you are on a month-to-month tenancy then either side can give proper notice to terminate the lease.

1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Missouri on
Q: I am being sued for a medical debt. The account number on the contract for the hospital and the bill from the hospital.

The account number is missing 2 numbers. Example: contract signed at hospital. J1234567. Account number on bills they sent me after service have J001234567. The 2 account numbers don't fully match. Can I use that to get the case dismissed?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 29, 2020

I hope you have a better defense than that one because it doesn’t sound like a winner.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.