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Missouri Business Law Questions & Answers
1 Answer | Asked in Business Law and Federal Crimes for Missouri on
Q: Are there any cases about weights and measures in the U.S?
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Apr 14, 2020

Your question is very vague. You can do a free search of cases on Google Scholar for those words.

https://scholar.google.com/

2 Answers | Asked in Bankruptcy and Business Law for Missouri on
Q: I owner financed a salon from the previous owner. She filed bankruptcy and I was told to continue making payments to a

Trustee. Wouldn't this negate our purchase agreement with her? Should I still have to pay?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 19, 2020

Whether the sellers bankruptcy is a breach of the contract to purchase will depend on the contract language. Generally, however, the bankruptcy trustee will stand in the shoes of the seller in enforcing the contract and unless bankruptcy is specifically addressed as a breach in the contract... Read more »

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1 Answer | Asked in Business Law and Contracts for Missouri on
Q: If licensed daycare closes due to coronavirus are we required to pay full tuition for full time facility is closed?

I have read the financial agreement signed and it states "parents have financial responsibility for those rare days daycare is closed to catastrophic events. The legal definition of catastrophic events references natural and man made disasters not pandemics. This is the only thing I've... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Mar 16, 2020

The answer to your question would depend upon how the court construes the definition of a "catostrophic event." Now one will be able to tell you with certainly how a court would construe the definition. For example, how is a "man-made disaster" defined? You are free to sue in... Read more »

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for Missouri on
Q: What is the legal time frame for a merchant to return your deposit if a deal falls through?

There was a commercial kitchen for sale. It was technically only the equipment. The space has to be rented separately but you couldn’t take the equipment from the space. The price was $25,000 with a required down payment of $5,000. For the deal to work you have to be approved by the landlord... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 14, 2020

If the contract doesn’t provide a time frame you’ll have to file suit to get your money back. Small claims court has a maximum jurisdiction of $5000. You may use an attorney if you wish.

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1 Answer | Asked in Consumer Law and Business Law for Missouri on
Q: I live in Missouri. I hired an electrician from Arkansas to re-do all the electric in my campground 9 months ago. I have

Paid him now he wont finish the job. What can i do to get my money back so i can pay someone else to finish?

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Feb 16, 2020

First, exhaust your efforts to get paid without hiring an attorney. If that doesn't work and enough money is at issue hire an attorney. Most attorneys could send a letter and many could file suit if necessary.

1 Answer | Asked in Business Law and Securities Law for Missouri on
Q: I have a legal question regarding forming an investment newsletter business that is not registered as a financial advise

I have a legal question regarding forming an investment newsletter business that is not registered as a financial adviser. Is this legal? I plan to send an email to paid subscribers based on trades I personally place. They are free to do what they want with the information. I plan to do business in... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 4, 2020

Although I am not licensed to practice law in Georgia or Missouri I can tell you with some certainty that what you are trying to do--become a financial advisor--will require you to get some sort of license(s) regardless of where you live.

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
PREMIUM
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... Read more »

1 Answer | Asked in Business Law for Missouri on
Q: Could I take an out-of-state online business to small claims court?

This last May, I won $500 in free airfare credit from a vaping website I use, named Breazy. I was told I would have my prize “no later than the 30th” of the month (so May 30th). It’s now almost mid October and still no prize. I’ve emailed and called many times. Filed a BBB complaint that... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Oct 10, 2019

I'm sorry to hear that Breazy won't keep its word. Filing suit in small claims court against an out-of-state company like Breazy won't do you much good for reasons that would take too long to explain in a short answer, but deal with your ability to collect the judgment if you get... Read more »

1 Answer | Asked in Business Law and Intellectual Property for Missouri on
Q: is it legal to pose as the Grinch in Christmas pictures to photograph, and sell those images?

My wife and her business partner own their own photography company and were wanting me to dress up as the Grinch and photograph other people with the Grinch during Christmas. Obviously they would be paid for their services. They read somewhere about a photographer being sued by Dr Seuss and... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2019

You could repost your question and add Intellectual Property to your categories. Attorneys who work in that area would be likelier to recognize the issues that concern you than ordinary Business Law/Business Formation attorneys. Good luck

Tim Akpinar

1 Answer | Asked in Business Formation, Business Law and Consumer Law for Missouri on
Q: IF I CANT AFFORD THE CAR I PURCHASED ( MONTHLY PAYMENTS ) CAN I ASK THE CREDITOR TO REPOSSESS THE CAR?

I NEVER PAID THE SALES TAX ON IT, I CANT AFFORD THE TAXES,$1800, IT WAS NEVER TITLED IN MY NAME, IVE BEEN DRIVING AROUND WITH MY OLD PLATES FOR 6 MONTHS, AND IM 3 MONTHS BEHIND IN THE PAYMENTS. I NEVER SHOULD HAVE PURCHASED THE CAR, ITS ALMOST $ 400 A MONTH, AND MY HOURS AT WORK HAVE BEEN CUT. CAN... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 22, 2019

You can ask. If it gets repossessed it will be resold and you'll probably be sued for the deficiency, however.

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... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Missouri on
Q: What can I do if my job schedules me as a"customer service manager" and I get paid as a cashier?

The pay is$2 more, I've been doing this for 9 months now, I was interviewed for the actual position but haven't heard back yet, I just find this situation very unfair

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on May 18, 2019

290.100. Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to reduce the wages of its employees, or any of them, shall give to the employees to be affected thereby thirty days' notice thereof. Such notice may be... Read more »

2 Answers | Asked in Business Formation, Business Law and Trademark for Missouri on
Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?

I’m starting a hair extension business but in the future I want multiple business under the brand name (ex. Fenty by Rihanna). I need advice on trademarking the name and llc.

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Apr 15, 2019

I would recommend that you have a trademark attorney like myself conduct a trademark search for you.

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1 Answer | Asked in Business Law for Missouri on
Q: As a Unit Owner, how can I force Board compliance of MO 448.3-108 when the Board and Management Company refuses

to provide unit owners with items on the meeting agendas (or meeting agendas) at all, stating that they do not have to.

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Apr 14, 2019

I don't know what legal basis they are providing for not following the statute. If what they are doing violates the statute, you can file suit to obtain compliance but that will be a costly endeavor.

1 Answer | Asked in Business Law and Real Estate Law for Missouri on
Q: I was wondering if i needed a license to wholesale homes in the state of misouri?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 1, 2019

You do not need a license to purchase and sell homes that you own in Missouri.

1 Answer | Asked in Business Law for Missouri on
Q: Is it illegal for a business to not have a begining and ending balance when paying installments?

This is on a mattress. They think they can repo it at your at will without documentation to enter home. They want payment but will not except check but want currency. I remember when I bought the mattress the sales person wanted to know if I wanted used or new. I thought that was odd because I... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Nov 28, 2018

If the contract shows the amount due and the installment amount and any interest, then I'm not sure you've been wronged. Whether the business may break into your residence to nab the mattress is a separate issue.

1 Answer | Asked in Criminal Law and Business Law for Missouri on
Q: stolen business identity

I own a small business and advertise with a well know advertising company. My ex logged into my business profile without my knowledge and changed name, address and phone number to a (same type) business he recently started. He had all my info including reviews merged to his new business claiming he... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Aug 31, 2018

Here’s the Missouri computer tampering statute. https://law.justia.com/codes/missouri/2016/title-xxxviii/chapter-569/section-569.095/

There’s also a federal one. You may only have a subpoena issued if the lawsuit has been filed. Also, depending on the location of the business you...
Read more »

1 Answer | Asked in Business Law and Communications Law for Missouri on
Q: Can you record a conversation you are a part of without anyone else knowing?

Two parties working in a business capacity, when it is revealed at the end that one party recorded without knowledge or consent of the other? Does the “one person” rule apply to the person doing the recording or does it imply knowledge by another party to the conversation?

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Apr 4, 2018

In Missouri, if two people are on a call, either one can record without the other’s consent.

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for Missouri on
Q: I have discussed this issue prior to receiving the settlement offer. Am I unable to accept due to this clause?

Confidentiality. Customer hereby represents and warrants that Customer has not and will not disclose the financial terms of this Agreement to anyone other than, legal counsel and/or a financial advisor. However, Customer warrants if Customer discloses the terms of this Agreement to legal counsel,... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Apr 3, 2018

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.... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts, Real Estate Law and Banking for Missouri on
Q: Can a lien be filed on real property for non-payment of an unsecured promissory note?

I loaned a start up business some money and obtained an unsecured promissory note because there were no assets. There have been no payments made on the note and the company now has assets, namely real property, Can a lien be filed against the real estate or any other assets the company now owns?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 3, 2018

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... Read more »

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