Missouri Business Law Questions & Answers

Q: I listed my house, it was sold by another realty co. We were supposed to close 3 weeks ago and didn't.

1 Answer | Asked in Business Law for Missouri on
Answered on May 22, 2018
Ronald J. Eisenberg's answer
Unless you and your broker come to a written agreement to change the commission, expect a dispute and possible litigation. The contract controls.

Q: i have paid over $700 for a costume, the man has been working on it for nearly five years and i still do not have it

1 Answer | Asked in Consumer Law, Contracts and Business Law for Missouri on
Answered on May 14, 2018
Ronald J. Eisenberg's answer
First, you may only have up to the five-year point before the statute of limitations runs and it is too late to file suit.

Second, if your contract was formed in Missouri you could file suit here. Collecting the judgment may be the hard part, especially because the defendant is in Florida. OJ moved there, perhaps for that reason.

Contact a Missouri consumer law attorney.

Q: Can you record a conversation you are a part of without anyone else knowing?

1 Answer | Asked in Consumer Law, Business Law, Insurance Defense and Communications Law for Missouri on
Answered on Apr 4, 2018
Ronald J. Eisenberg's answer
In Missouri, if two people are on a call, either one can record without the other’s consent.

Q: I have discussed this issue prior to receiving the settlement offer. Am I unable to accept due to this clause?

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for Missouri on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
The agreement refers to keeping its terms confidential. I don't see how your discussing your situation with someone prior to receiving the agreement could be a breach of the agreement. The last sentence you wrote, however, ends with "Custom" so I don't know what is missing. If you have concerns with the language of the agreement, the time to negotiate the terms is prior to signing. Best wishes.

Q: Can a lien be filed on real property for non-payment of an unsecured promissory note?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Missouri on
Answered on Apr 3, 2018
Jennifer Sheila Kornblum's answer
Unfortunately, an unsecured promissory note cannot justify a lien on the real property. However, if you file an action and get a judgment for the amount of money owed on the promissory note, the judgment can be filed against the real property if the name on your judgment and the name of the owner of the real property are the same.

Q: Can a company that I am contract worker for send me memos and letters dictating when and how i have to send my invoices?

1 Answer | Asked in Business Law, Contracts and Employment Law for Missouri on
Answered on Jan 28, 2018
Salim U. Shaikh's answer
You must follow invoicing schedule as dictated. Your personal priorities to schedule release of invoices are incorrect.

Q: can you sue a company for a representative giving wrong information when it comes to the cost of a bill?

1 Answer | Asked in Business Law, Contracts, Libel & Slander and Consumer Law for Missouri on
Answered on Nov 23, 2017
Kevin Webb's answer
Missouri law provides, in the Merchandising Practices Act, that if someone suffers damage because of deception, that person is entitled to relief. Now, just because the law says you're entitled to it, doesn't mean you get it. That's where a smart attorney comes in. Now, what you're describing may best be settled in small claims. If that is the case, you may want to do a lot of research, or you may want to talk to an attorney happy to give free and detailed advice.

Q: Is it legal for a car company to say they can diagnose your car and not mention any cost but afterwards give a bill

1 Answer | Asked in Business Law and Consumer Law for Missouri on
Answered on Nov 5, 2017
Salim U. Shaikh's answer
Electronic diagnosis of car mechanism is altogether different from mechanical repair/replacement when you gave no specific instructions to do nor did they confirm prior to performance of maintenance, if required. First, they did it without your consent and permission; secondly, whatever they replaced/installed a new one must show it to you. It looks like extortion of money.

If they do not reduce the cost of satisfy you, you are advised to immediately consult Atty specifically...

Q: I'm tring to open a business and I'm tring to figure out what's taxable and what's not and if it is what's the tax

1 Answer | Asked in Tax Law, Gov & Administrative Law, Business Law and Business Formation for Missouri on
Answered on Sep 26, 2016
Matthew M Montoya's answer
Tax law is certainly complex and depends entirely on your factual situation. It's commendable that you're inquiring about your tax obligations at such an early stage. Getting these systems down will greatly benefit you in the long run.

The IRS publishes small business guides that provide some insight you may be looking for. They can be found at irs.gov. For example, Publication 334 is a tax guide for small business. Publication 535 is for business expenses.

Choice of...

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