My house was getting foreclosed on. My dad and brother came together and got me enough money to not lose it. I am in the process now of getting my ex to sign the deed papers to get his name of it so I can make sure he is not entitled to anything nor has any say so. My kids father has not lived... Read more »
answered on Sep 16, 2022
There are a lot of moving parts here and a lot at stake. Respectfully, with all the people and assets involved this is not an issue that can be resolved in an online forum. I strongly advise you to seek the advice of an attorney to sort it all out.
I was told about a year ago that my account and book were removed from Amazon and I found out today they still had my book in their online book store. What are my options?
answered on Sep 15, 2022
I would have to see the agreement you signed with them. I would also have understand how they communicated to you that your account and book had been removed.
Based on this information, it may make sense to develop a litigation strategy.
process started and if I didn't want the boat once it was built, they would sell it at their dealership. I electronically signed the paperwork but they did not. About a month later I received a Final purchase agreement from the bus. manager and it was for $9,000 less. I liked that price so I... Read more »
answered on Aug 19, 2022
They are withholding the title, so the answer to your question of whether they can hold the title is "yes." The better question is whether you would be in strong legal position if you were to sue. Any attorney would need to review your contract and be hired in order to give you sound... Read more »
home is 3 year old display in Frontenac, purchased one year ago from builder.
Whole subdivision was built, including grading and drainage. Frontenac has
yet to sign off on completion.
answered on Aug 8, 2022
You need to have an attorney review the contract and learn the relevant facts in order to get meaningful advise, as well as to understand your options. There is no specific statute in Missouri that stays a builder is automatically liable any time water enters the basement of a 3-year old house.... Read more »
Contract was signed and less than 24 hours was verbally cancelled with rep for vacation club resort.
answered on Aug 2, 2022
Read the contract to see what you need to do to cancel. It's generally best to do important legal things in writing.
700 sq ft Apartment in Jefferson County, we have the AC running 24/7 and it is still over 80 degrees inside, and we pay almost $300 for electric. Seems absurd, maintenance has looked at ac twice and says its fine, it does pump out cold air but mainly sits in the cavity in the ceiling. Wondering if... Read more »
answered on Aug 2, 2022
That's awfully hot and very hight for the electric bill. The lease probably makes you responsible for the bill.
If you just move out you'll probably get sued and it will show up on Casenet regardless of the outcome. A better option, if you can afford it, is to hire an attorney to... Read more »
Upon reading the contract more closely today we noticed that the date of expiration for the contract was listed as May 2022. It should have read May 2023
Can we legally declare the contract to be null and void?
answered on Jul 12, 2022
The issue is whether there was a mutual mistake. You can research Missouri law on it. Ideally, you and your broker can come to an understanding. Otherwise, you might purchase through someone else and then find yourself named as a defendant in a costly lawsuit.
We had bought our solar system from Green Solar Technologies out of California. They had subtracted our system out to 4 different installers from 2019 until today. They have failed to pay the contractors enough to complete the job and my system is still not set up correctly to this date. I want to... Read more »
answered on Jul 11, 2022
The first step is to contact a Missouri attorney to review the contract. The contract may have a forum-selection clause (which specifies where any lawsuit must be file) or an arbitration provision (which would prohibit suing in court). The attorney would also explain to you the potential remedies.... Read more »
doesn’t replace it & doesn’t order roofing materials as promised. Isn’t contract breached at this point?
answered on Apr 28, 2022
As always, Mr. Eisenberg is correct.
A contract breach occurs when one party fails to perform (or whose performance deviates from) what was contracted. A common problem for contracting homeowners is the absence of required terms in the contract. To piggyback on Mr. Eisenberg’s example,... Read more »
purchase material. I am told the contractor has purchased the material. The contract says if I cancel I pay 20% of the contract amount or the contractor's costs whichever is higher. If I cancel can I just forfeit the $11,000 but will I be entitled to obtain the material? Is the material in... Read more »
answered on Apr 22, 2022
That's a large sum. For an attorney to provide a meaningful answer, the attorney would need to review your contract. If it makes financial sense to you, pay an attorney to review the contract. In addition to the terms you stated, the contract might also have a one-sided attorney's fee... Read more »
He used our money for his own purposes & then couldn’t afford to replace it, fed me lie after lie, I chased him down for a year. His dad finally loaned him the money so I wouldn’t press charges. I paid for all materials/labor. Finished the roof a year later Nov 2022. Now he wants to be paid... Read more »
answered on Apr 5, 2022
Your contract governs. I think you misstated something. You claim that you entered into the contract in November 2021 and he finished the work in November 2022. We are only in early April 2022. Although it took longer than expected for him to finish the roof, unless you’ve suffered financial... Read more »
They made me sign an agreement as to how much I'd pay amonth at the time. Can they do this?
answered on Mar 18, 2022
It’s hard to answer your question. I presume you are an adult and therefore responsible to honor your written commitments. I don’t understand how you were “made” to sign an agreement as opposed to having chosen to sign the agreement because you assessed the situation and viewed not... Read more »
does it have to be registered at a courthouse?
answered on Feb 15, 2022
The essential elements of a valid contract include offer, acceptance, and bargained for consideration. Thacker v. MassmanConstruction Co., 247 SW2d 623, 629 (Mo.1952).
answered on Feb 6, 2022
It might benefit you to create an LLC for limiting personal liability.
For the answer to your specific tax question, I suggest you query "LLC" and "pass-through" or contact a CPA or tax attorney if you still have questions.
answered on Jan 28, 2022
After a plaintiff fails to achieve service on the first summons the plaintiff may request an "alias" summons. After that the plaintiff would request a "pluries" summons. If you are getting sued and have been served all that matters is that the summons was served before expiration.
We are in the process buying a new house. This home was listed as being an “as is” sale. We had a home inspection preformed for our protection as it’s an 110 year old farm house. The listing stated the product had a septic system. The inspection revealed there is only a discharge pipe that... Read more »
answered on Jan 24, 2022
It is unclear from your post whether at this point you can back out of the sale. If the seller's disclosure statement is inaccurate but you are aware of the issue and still go through with the sale, you may face a challenge, if you were to sue, proving that you were damages as a result of the... Read more »
typo, it ended 12/26/21 and i emailed on 12/23/21. landlord is accusing me of not giving a notice and trying to charge me for the month of FEB although we will be moved out by then. they have been horrible not answering maitnence requests and even leaving us with no A/C in 80-90 degree heat for two... Read more »
answered on Jan 19, 2022
An attorney would need to review your lease. It’s unclear whether remained there on January 27 and you paid rent for the next month. If you stayed and paid and the landlord accepted the rent then you might be on a month-to-month tenancy. Any lawsuit that you file probably won’t get an... Read more »
The new owners is having sewage problems and now wants to sue me. Am I liable for anything that happens to the house?
answered on Nov 15, 2021
I suggest that you have an attorney review your sale contract and seller's disclosure form, as well as any written demands from the buyers. You are liable if the buyers sue you and prove their claim or claims against you by a preponderence of the evidence. I have litigated... Read more »
By the time I drove it home the oil light came on and then the check engine light came on. It was a Cam position sensor code and there was no oil showing on the dipstick. Will I be able to cancel this contract since it's not me just changing my mind?
answered on Nov 9, 2021
It is you changing your mind on account of problems with the vehicle. If you are able to prove that the seller know of problems and made a misrepresentation to you, then an attorney might be able to help you. The challenge in these situations is proving what the seller knew.
The written agreement was supposed to be revised by an legal representative after my tenant and I agreed to all the terms that we wrote. Neither parties had any exsperienceing in writing a legalized lease and we both agreed that our agreement was going to be given to an licensed agent to be... Read more »
answered on Oct 30, 2021
I recommend that you have an attorney review the agreement to determine if it is enforceable.
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