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Missouri Contracts Questions & Answers
2 Answers | Asked in Construction Law and Contracts for Missouri on
Q: Roofing contractor signs contract & accepts $9000 down payment for job. He uses money for himself

doesn’t replace it & doesn’t order roofing materials as promised. Isn’t contract breached at this point?

Robert Grant Pennell
Robert Grant Pennell
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,...
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1 Answer | Asked in Contracts for Missouri on
Q: I have a contract for remodeling kitchen and bathrooms and I have paid 26% down, $11,000 so the contractor could

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 »

Ronald J. Eisenberg
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Ronald J. Eisenberg
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 »

2 Answers | Asked in Construction Law and Contracts for Missouri on
Q: Roofer took 9,000 down payment in Nov’21 signed a contract & roof wasn’t done until Nov 2022 Is the contract still valid

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 »

Ronald J. Eisenberg
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Ronald J. Eisenberg
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 »

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1 Answer | Asked in Contracts and Collections for Missouri on
Q: The hospital bill I've been paying an agreed apon amount needs to double or its going to collections according to them.!

They made me sign an agreement as to how much I'd pay amonth at the time. Can they do this?

Ronald J. Eisenberg
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Ronald J. Eisenberg
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 »

1 Answer | Asked in Contracts for Missouri on
Q: For a personal loan contract whats needed to make it legally binding other than the info in the contract? registration?

does it have to be registered at a courthouse?

Ronald J. Eisenberg
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Ronald J. Eisenberg
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).

1 Answer | Asked in Business Formation, Contracts and Tax Law for Missouri on
Q: As a freelance Graphic designer working with a few small businesses would it benefit me to get a LLC for taxes?
Ronald J. Eisenberg
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Ronald J. Eisenberg
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.

1 Answer | Asked in Contracts for Missouri on
Q: What actually is a plurries summons and how does it differ from a normal summons
Ronald J. Eisenberg
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Ronald J. Eisenberg
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.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: If you are fairly certain that a seller lied on the disclosure form, is there any action you can take against them?

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 »

Ronald J. Eisenberg
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Ronald J. Eisenberg
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 »

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: our apartment lease ended on 1/26/21. i emailed landlord on 1/23/21 and asked to renew one additional month. apartment

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 »

Ronald J. Eisenberg
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Ronald J. Eisenberg
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 »

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1 Answer | Asked in Contracts and Civil Rights for Missouri on
Q: I live in St. Louis, Mo. I sold my home over two months ago. The house was inspected thoroughly and passed.

The new owners is having sewage problems and now wants to sue me. Am I liable for anything that happens to the house?

Ronald J. Eisenberg
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Ronald J. Eisenberg
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 »

1 Answer | Asked in Contracts for Missouri on
Q: I just purchased a car, contract had NO COOLING OFF PERIOD clause. State law doesn't provide for cooling off period.

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?

Ronald J. Eisenberg
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Ronald J. Eisenberg
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.

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Missouri on
Q: My rent to own agreement may not abide to the MO. Laws and Statues required for the type of agreement that it is.

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 »

Jaime Victor Papa
Jaime Victor Papa
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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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Missouri on
Q: Ended rental lease. Found new tenant. Did walkthrough, owner found zero damages. Am I entitled to security deposit back?
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Oct 19, 2021

Here's the text from Missouri's security deposit statute:

535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit...
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1 Answer | Asked in Contracts and Employment Law for Missouri on
Q: My friend's work contract does not specified hours worked. What are her rights/expectations from a legal standpoint?

A friend recently (~5-6 months ago) signed on with a small company as a photographer/media organizer in Missouri. After a few months, we noticed that she was very frequently working weekends and seemed to have few days off. We asked her about it, and she expressed frustration with her schedule.... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 7, 2021

This would depend on what her contract says, but based on your description, it sounds like her contract is silent on her schedule or hours of work. If this is the case, then there isn't much that can be done from a legal standpoint other than to ensure she is being properly paid for the work... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: I've been renting the same apartment for 9 and 1/2 years, every year I signed a 12-month lease.

Now my landlord wants me to sign a 6 month lease so he can raise my rent twice in one year oh, is this legal for him to do

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 26, 2021

There is nothing illegal with your landlord seeking new terms on a new lease to go into effect when the current one ends. If you do not wish to sign the proposed lease, then you have the freedom to enter a lease with another landlord with terms acceptable to you. Under the current real estate... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Missouri on
Q: I signed my lease in February and the owner sold it to a development company in March. He has now forced me out.

He has refused to repair the hot water heater in 2 months. Housing has now terminated the lease. What should I do?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 3, 2021

You probably need to move out. Whether it makes sense to sue your landlord will depend upon multiple factors, such as the lease's terms, your financial situation, and your landlord's ability to satisfy any court judgment that you might obtain.

1 Answer | Asked in Business Law and Contracts for Missouri on
Q: Is there a lawyer i can get to look at at a contract to see if its fair. For free are will I be charge.

It a Operating Agreement want to make sure my son is making the right desion

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 9, 2021

Any lawyer with contract experience could assist. I don’t see why an attorney would perform such work for free. It shouldn’t cost you more than an hour of attorney time for a short contract.

1 Answer | Asked in Contracts for Missouri on
Q: I co signed for a vehicle for my brother. I do not have access to it and have no idea where he is. What can I do

He’s on parole and I’m afraid to provoke him

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 2, 2021

That’s a bad situation. Unfortunately, you are still liable for the payments. There’s no magic way for someone to determine the vehicle’s location.

1 Answer | Asked in Contracts for Missouri on
Q: I rent my trash is included in my rent can they start charging me for trash be for my contact is up?
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 11, 2021

Your written lease terms govern.

1 Answer | Asked in Contracts and Construction Law for Missouri on
Q: If a judge grants a motion to compel discovery and the question is only partially answered, what recourse do I have?

An important part of my case is to prove the inexperience of workers. The discovery question asked for names, addresses, and phone numbers of suppliers and workers for the project. After refusal to answer, a motion to compel the answer to the question was granted. An answer was received, but... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 7, 2021

You could file a motion for sanctions for failure to comply with the judge’s order. First, contact opposing counsel and request a full answer. If necessary, consider getting the information through a deposition.

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