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Missouri Contracts Questions & Answers
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It ua necessary to review the whole contract to know whether it can be rescinded.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.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Missouri on
Q: Am I still responsible as the apartment co-signer?

A friend of mine needed a place to live about two years ago and he needed a cosigner. Not wanting him to end up homeless, I co-signed. The lease I signed was a one year lease. Two years later I get a letter because he was not and is still not able to pay rent for about two months worth. I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 25, 2020

It is important to read the lease to see if addresses your issue. In general, if a written lease term expires and a tenant holds over with consent if the landlord then the lease term becomes month to month subject to all of the remaining provisions of the written lease

1 Answer | Asked in Contracts for Missouri on
Q: How do I prove I bought my car?

I bought and fixed a car recently. When I went to go have it put under my name, I realized that we cant find the title and bill of sale. I am worried that if I ask the previous owner to get a new copy, he will say I stole the car and I will lose my hard work and money. How should I go about this?

Tim Akpinar
Tim Akpinar answered on Jul 24, 2020

A Missouri attorney could advise best, but your question remains open for two weeks. Motor vehicle departments generally provide instructions on how to request a duplicate title. You could contact your state DMV offices to learn more. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Construction Law for Missouri on
Q: Is the contractor responsible for replacing my pool. They tore it down insurance company approved parts not the pool

Contractor said pool was approved by insurance

Insurance only approved parts contractor never found parts took the pool down anyway and cut the walls in half left the pool debris in my yard said were not responsible for the pool but we could finance a new one through them or fight it out... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 22, 2020

You need to contact an attorney immediately that can look into the contract between you and your contractor as well as local laws that may offer you some protection. Collecting from such a person may be very difficult unless the contractor was licensed and insured. An attorney will be able to look... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can I sue the seller or contractor?

I purchased a house in Aug 2019. There was rotted would that i wanted replaced and the banks underwriter was requiring to be replaced. The receipt from the contractor stated the wood was replaced. It wasnt replaced. It was temporarily fixed. My basement has been getting rained in at the spot of the... Read more »

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

If you did not hire the contractor then I don't think you have a legal basis to sue the contractor. But I believe it is worth looking into suing the sellers for violation of Missouri's Merchandising Practces Act (MPA). Here's a blog article that I wrote. Beware, Missouri's... Read more »

1 Answer | Asked in Banking, Business Law and Contracts for Missouri on
Q: Can I sue a financial institution for tortious interference involving a contract/ and or breach of contract?

The bank used to obtain a loan for my company shut my debit card off and blocked access to funds needed to conduct my daily business operations due to my business partner and I having a disagreement. He used his connections at the bank to pull this stunt off. The account was clearly a joint... Read more »

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

It sounds like your business is the accountholder and that it be the party with standing to file any lawsuit. It also sounds like you and your partner are not going to agree on whether to pay an attorney thousands of dollars to sue the bank. You should carefully review the depository agreement... Read more »

2 Answers | Asked in Contracts for Missouri on
Q: Hi, Can I take a contractor to court for misrepresentation?

EMPHATICALLY told him that we do not want to have to clean or tidy anything after the job was finished. He said he was the capable of doing the job as per request. (We are no longer able to do the work. I am disabled, and my husband is 87). Mr Cronin agreed.

Upon completion we went to look... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 12, 2020

You may indeed file suit but, under the facts your described, I don't think it makes sense to pay an attorney potentiallly thousands of dollars because your actual damages would be measured by the value to fix his mess. You can file suit pro se, but you or your husband will need to attend... Read more »

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1 Answer | Asked in Contracts, Business Formation and Business Law for Missouri on
Q: Can a none compete be over turned by the declaration of independence?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 25, 2020

I have no idea what your question means. Non-competition agreements are generally enforceable but they can be challenged depending on their terms. If the situation is important to you then you ought to hire an attorney to review the contract and give you advice. These agreements often have... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: Can the owner of my rental house force us out in 30 days, mid lease?

Been renting for 2 years

Never been late

No problems

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 20, 2020

A landlord can evict a tenant on 30 days notice, as long as the tenancy is month to month and the notice complies with Missouri statuteS. Compliance includes providing 30 days notice that begins on or before the first day rent is due for that month (usually the 1st), is in writing, and is not for... Read more »

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1 Answer | Asked in Banking and Contracts for Missouri on
Q: I closed on a micro loan on April 28. Today is May 6. Is the contract null and void if I haven’t received the funds?

The loan is for my small business. I contacted my banking institution and they said no wire was ever received or had been attempted by this company. The loan company claimed they’ve tried to send it and my bank keeps bouncing the money. I am due to have the money deducted from my account starting... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 6, 2020

If you don’t get the money they purported to loan to you, it may constitute fraud. But you need to take steps to protect your interests. First of all, if the only thing you have in writing is the loan agreement that may be problematic. You need to immediately notify the lender IN WRITING that you... Read more »

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: I’m a small construction business owner in St. Louis MO. I just signed a commercial contract w/ a school in G.C. IL.

The school requested the usual docs. Such as to be a policy holder on my Ins., Minimum $1m policy etc. but they also asked for copies of my workers drug & background checks. My workers are independent sub-contractors. I’ve never needed to drug test them & I do my own background checks... Read more »

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

Your contract controls as to the requisite background checks. If you don’t understand the contractual requirements, and it sounds like you don’t, you should have an attorney review the document.

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