Lawyers, Answer Questions  & Get Points Log In
Missouri Contracts Questions & Answers
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
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
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
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
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
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
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.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: In Missouri, what recourse do I have when the home builder is not ready for the contractual closing date?

Contact signed in December 2020 with the June 9, 2021 closing date which is plenty of time to build a 1600 sq ft home. The builder is doing several trades himself so he doesn’t have to pay subcontractors. He has drug his feet for weeks and will not be done in time for closing cause if me to loose... Read more »

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

For most people, a real estate transaction is the largest purchase they will ever make. I encourage you to have an attorney review your contract in order to help you decide what to do. The contractual terms will be significant in planning your next steps. If would be reckless for anyone to... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: If I have already signed an offer agreement for a house, is it possible to rescind my offer before closing?

I was told by the agent to sign the offer agreement but nothing was explained to me about it, now he’s adamant about me giving the deposit. The closing is three weeks away.

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

For most people, a house purchase is the largest financial transaction that they will ever make. You shouldn’t have signed without agreeing or understanding it. That being said, the contract terms might still give you an out. Perhaps there are contingencies. Have a local attorney review the... Read more »

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Libel & Slander for Missouri on
Q: What steps do I need to take to get deposit back

I can't relocate at this moment

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 28, 2021

You've not provided any facts so there's no way to determine whether you are entitled to a return of your security deposit. If you are looking to terminate your lease before the agreed-up term expires, then it is unrealistic to believe that your landlord will simple agree to a mutual... Read more »

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: Can I go under contract on more than one house?

This is not a construction loan. We are buying the home from the builder once complete. We went under contract on a custom built home 7/4/2020 with completion 12/25/2020. We signed an amendment extension 01/04/2021 for it to be completed 4/30/2021. The house is just framed. So there’s no way it... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 28, 2021

You need to have an attorney read your contract to see if it provides an out. In general, a party to a valid contract may not simply change his or her mind. A house purchase is way too large a contract to guess as to your rights and remedies. It will cost you something to confer with a local... Read more »

1 Answer | Asked in Animal / Dog Law and Contracts for Missouri on
Q: Can a dog breeder enforce a contract that was never mentioned before taking a monetary deposit?

My husband and I have been working with a breeder to purchase a puppy. In the beginning we were told "when he goes to his new home he will be current on vaccines and wormer, have his health check with our vet, AKC registration application, a puppy starter pack, and a genetic health... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 17, 2021

The question is “what is your contract.” In other words, did you have an oral contract under which you paid the deposit? If so, then the breeder cannot add terms thereafter. You may be able to pursue a claim for breach of contract or violation of Missouri’s Merchandising Practices Act (our... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have a 30 yr contract for deed, is there a statute of limitations to dispute being charged for insurance

I am being forced to pay insurance on the property or face foreclosure. Even tho the contract does not state that I am to pay said insurance. Is there a statute of limitations to file suit for recovery of insurance premiums.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 4, 2021

Have an attorney review the contract. Contracts for deed, in my experience, generally turn out poorly for the tenant. Missouri has different statutes of limitations for different causes of action. Breach of contract is generally 5 years but breach of a written contract to pay money is 10 years.

1 Answer | Asked in Contracts for Missouri on
Q: Can jurisdiction be established with specific language in description when selling to out-of-state buyer? Missouri

We're thinking of re-wording our descriptions on an internet selling site to better help us deal with fraudulent or non-compliant buyers. It's our position when a buyer buys an item we have an offer with consideration and acceptance, or a contract. The offer is the description,... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 30, 2020

Your proposed language is better than nothing but you would be better off paying a Missouri-licensed attorney to draft a solid forum-selection clause, with a Missouri choice-of-law provision.

There may be other beneficial provisions to include that you didn't even consider....
Read more »

1 Answer | Asked in Contracts, Employment Law and Civil Rights for Missouri on
Q: my boss fired me out of retaliation for asserting my rights as a pet owner and the poeple who stole our cat.

being fired had nothing to do with my job and i know missouri can fire you for cause but this i feel was brought on because i went against her and tried to get my cat back home. do i have any grounds to stand on not to mention she has alot of my tools and wont give them back and didnt even give me... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 24, 2020

I don’t understand why your boss would fire you for trying to get your stolen cat returned but, even if that were true, there is nothing improper, in an employment-at-will situation, for an employer to fire an employee on account for a cat situation.

The unpaid wages presents a different...
Read more »

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: Out of state customer signed a construction contract on 10/26/20 and on 11/30/20 backed out and wants down payment back.

I am an Insulation Contractor from Illinois where I live and work full time. My client, whom I’ve never met face-to-face (we’ve only communicated via texts and phone calls) dialed me from New York, where he lives and works and requested a quote for Crawlspace Encapsulation for his new future... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 2, 2020

I suggest that you repost your question and list your location as Illinois rather than Missouri, because you've got a state law issue.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Can a buyer walk away from buying our house when contracts have been signed?

We had no contingencies and it was an all cash offer, but the buyer has not provided proof of finances. Buyer also gave us two weeks to move out, so movers have been hired, a new house has been purchased (contingent on current house selling), and suddenly buyer has gone quiet and is unable to be... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 24, 2020

Go see an attorney to discuss filing suit for specific performance or breach of contract. Based on the facts that you described it sounds like you could assert strong claims. A good attorney will help you assess practical considerations, however.

1 Answer | Asked in Contracts for Missouri on
Q: Can a board fire the professional management company and take over the duties of managing the money and work themselves?

I live in a condo association in Missouri (164 units) with monthly fees, managed by a professional company and a newly elected board. They are going to end the 3 year contract with the professional management company early (with 1 year remaining) and take over all the duties without a vote or... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 7, 2020

Read your indentures and rules and regulations. I doubt that those documents require the hiring of a third party management business.

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!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.