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Missouri Contracts Questions & Answers
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?

1 Answer | Asked in Contracts for Missouri on
Q: How can I recover my belongings in this storage unit?

My ex helped me move my belongings and my childrens to a storage unit. He only listed it under his name.

He has denied me access after a domestic ciolence with him. And has refused to pay it. It has my and my childrens prescription medications along with my gun registered in my name that I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 16, 2019

Unless someone continues paying for the storage unit the storage has the right to lock it--and after a certain period of time--the right to open it and remove all the property. So: If all the stuff is yours go tell the storage company what's happening, and tell them you will be glad to pay all the... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: Is a copied contract admissible as evidence in the MO business records statute? Under what statute is it?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 11, 2019

The business records statute allows for copies.

Here's a link to the statute. https://law.justia.com/codes/missouri/2005/t33/4900000692.html

I hope it proves useful.

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 Contracts for Missouri on
Q: Can a company buy out another company and "take over their contracts"? Can contracts renew automatically without notice?

We are trying to fire our present garbage company and change to a different company with much better pricing. Our original company was bought out by Waste Management a few months ago. They claim that we had a contract with L&K started in 2006 and that it went for 5 years and then renewed... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 23, 2019

What you have is a contract issue. An attorney would need to read the contract to provide you with sound advice. That being said, I’m familiar with waste industry contracts and they are generally harsh. The often renew automatically unless the customer gives sufficient notice of non-renewal.... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: My real estate agent executed my contract (buying a duplex) with a misspelling of her name.

Her first name is misspelled on all the documents, and does not correspond with the name that she is registered as an agent under in the state of MO. She also entered into a rental agreement with me, as my tenant, under this misspelling and is in default (not paying per the terms of her lease). Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

Misspellings frequently occur in all legal documents, including the ones of concern toy you here. Rather than waste time worrying about the spelling of your tenant's name you should consider starting the eviction process--using the same spelling on the lease. Or if you are a perfectionist, use BOTH... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Missouri on
Q: What if a trustee refuses to keep a beneficiary informed of trust activity after said information is requested?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

Unless the written trust document requires the trustee to "keep a beneficiary informed of trust activity" there is little you can do. As a beneficiary, you might want to know--and keep in mind--that every time you cause the trustee to respond or do any other work related to the trust they charge... Read more »

1 Answer | Asked in Contracts and Collections for Missouri on
Q: If a Judgment is issued in Missouri can a garnishment be made in Kansas?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 18, 2019

Since you asked this question twice, I will give you the same answer as I did before:

"Generally, yes, because of the Full Faith and Credit Clause of the Constitution of the United States--which requires all states in the union honor the judgments of all other states. However, as noted in...
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2 Answers | Asked in Contracts and Collections for Missouri on
Q: Can a lawyer in MO garnish someone in Kansas?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 18, 2019

It depends. Was the judgment issued through a Missouri court or a Kansas court? If it was a Kansas judgment, was the Missouri attorney counsel of record in the case? If it was a Kansas judgment, has it been registered here in Missouri? If it was a Missouri judgment, then a garnishment may be... Read more »

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2 Answers | Asked in Contracts for Missouri on
Q: I am buying a house and just found out their is someone their paying rent no contract. The owner gave him 30 days

But now he does not want to move till June. I told them he must be out at closing. What can I do?

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

If proper notice of termination was given and the tenant holds over possession, then the owner may file an unlawful detainer case. Until you are the owner, you have no right to file the lawsuit unless you get the lease rights assigned to you.

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