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Missouri Contracts Questions & Answers
2 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Missouri on
Q: Is my lease void if landlord's mortgage forbids leasing?

My landlord's mortgage forbids leasing, which we discovered only after signing our lease agreement. Her mortgage company recently found out about the lease, prompting her to demand a walk-through and costs for repairs and cleaning, even though we've already paid a deposit. We've been... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 8, 2025

It’s void if you or year landlord sue the other one and a court feels it void. Otherwise what you have is an unresolved legal dispute. I’m not aware of a statute on point. My hunch is that the lease would not be deemed void. You’ve been allowed possession and have therefore received... View More

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1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: Am I obligated to return an unordered monitor sent by mistake in Missouri?

I bought a computer from a company, and they mistakenly sent me a monitor along with the computer. The package was correctly addressed to me. The company contacted me via email today, March 3, 2025, requesting that I return the unordered monitor that I received on February 28, 2025. I have not... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2025

Just because a company makes a mistake, does not mean you get a windfall. The company is legally permitted to require you to return the inadvertently delivered item. However, the company cannot require you to incur any expense associated with the return.

1 Answer | Asked in Consumer Law, Lemon Law and Contracts for Missouri on
Q: Advice on legal actions for car purchase and warranty issues in Missouri with no dealer response.

I purchased a used car with a 60-day warranty from a dealer in June 2024 in Kansas City. Within this period, I had to replace the engine, radiator, hoses, and work on the transmission, totaling over $10,000 in repairs. I sent two letters to the dealer with the repair bills but received no response.... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 20, 2025

If you complied with the warranty provisions in getting the repairs, you can pursue a claim for breach of contract and possibly a violation of the Missouri Merchandising Practices Act. Typically you are required to get the work completed by the dealer that sold you the car, or if it doesn't... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Is it a breach of contract if Truhold.com didn't make promised repairs?

I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 19, 2025

If you want an legal opinion on whether a landlord has breached a written contract, I suggest you hire a local landlord-tenant attorney to read the lease and provide a consultation.

Assuming they breached the contract, however, you could sue for damages incurred. If the lease has ended...
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2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Missouri on
Q: Is it a breach of contract if Truhold.com didn't make promised repairs?

I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 19, 2025

You were obligated to leave at the end of January regardless. You are exposing yourself to significant costs per the Unlawful Detainer statute, which makes you liable to Truhold.com for twice the fair market rent of the property. Compare that with the likely minimal amount you might recover in a... View More

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2 Answers | Asked in Animal / Dog Law and Contracts for Missouri on
Q: How can I gain ownership of dogs I've cared for in Missouri?

I have been taking care of my son's two dogs since he bought them. One dog has been with us for 5 years, and the other for 2.5 years. During this time, my family and I have paid for all their expenses, including food and vet bills, and the neighbors can confirm the dogs have lived with us.... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 17, 2025

Ron is correct. However, as the owner of the dogs, your son was legally responsible for the cost of care and maintenance for the animals. So, negotiate a price for the dogs and then offset it with your bill for services for the care and maintenance of the dogs for the past roughly 2750 days of... View More

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1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Employment Law for Missouri on
Q: Does a handshake contract of me keeping a business running until it’s sold for compensation of $100,000 stand up in cour

I have worked for this business for 29 years took nine months to sell and that time I worked way more hours and couldn’t take off for anything now he says that they’re probably only $20,000 to give me

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 26, 2024

In general, under Missouri law, contracts may be oral. In general, it is easier to enforce written contracts because if both sides sign, the terms are those of the document. There is an exception to the rule. Certain contracts must be in writing. It’s called the “statute of frauds”.... View More

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Energy, Oil and Gas for Missouri on
Q: Do I owe my electrician money?

I received a quote for whole house rewiring and finishing. It was divided into the rewiring and finishing and then the second line item was for new amp service. He did the new amp service to my knowledge and the rewiring. I paid him 60% of the total bill which I thought was paid in full for the... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

If you received a quote, agreed for him to do the work, and he started doing the work but hasn't finished it, you have a contract even if you do not have a fully integrated written document commemorating of the terms of your agreement.

If you breach the agreement by not allowing him to...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Missouri on
Q: Can we subtract cost to fix contractor's mistake from final invoice or do we have to pay and then sue for reimbursement?

Just closed on new construction home and moved in with verbal agreement with contractor that he would fix drainage issues in yard. Two attempts to correct were unsuccessful. Photos and email sent to contractor showing water still pooling. No response. We contacted reputable landscape/excavation... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 1, 2024

A lot of money is at issue. Have an attorney read the contract and do a consultation. The answer to your question is “it depends.” If you pay then sue you may face an affirmative defense of the “voluntary payment doctrine.” But there’s a type of claim to which case law holds that... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Missouri on
Q: I got a problem with angi ads could you please help me, they want to overcharged me

Angi ads and I maked a contract but I didn’t know that I have to pay a 35% fee of unused time, they didn’t told me that they said it after I signed up, however checking the contract I saw that it also said that if break the contract before the 90 days of beginning I’ll pay $99 fee, and I have... View More

James L. Arrasmith
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answered on Mar 16, 2024

Facing a situation where you're being overcharged can be stressful, especially when the charges seem to come from unclear contract terms. If Angi ads are asking for a significantly higher fee than you expected, the first step is to carefully review the contract you signed. Look for any clauses... View More

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Missouri on
Q: I won in Small Claims (St Louis County, MO) for 2300. I know where defendant works. What's the wage garnishment process?

I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 15, 2024

Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.

1 Answer | Asked in Tax Law and Contracts for Missouri on
Q: If I get a 1099 c for a vacation club for which I never received any goods or services from do I actually have to pay

I never made any payments and tried to cancel 48 hours after signing. Have fought with them repeatedly

James L. Arrasmith
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answered on Jan 18, 2024

Receiving a 1099-C form generally indicates that a debt you owed was canceled or forgiven, and the IRS considers this canceled debt as taxable income. However, if you believe that the vacation club's claim is not valid, especially since you didn't receive any goods or services, it's... View More

3 Answers | Asked in Bankruptcy, Collections and Contracts for Missouri on
Q: Who is responsible for my bills after my debt consolidation company filed bankruptcy?

I filed my bills with a debt consolidation company, Litigation Practice Group, but they filed for bankruptcy in 2024 and didn't pay my bills despite me paying them in full. I have proof the money was withdrawn from my account. I have a contract with them. Now the creditors are calling and... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2025

You are responsible for them. You may want to file a fraud claim against the debtor for fraud for not paying your bills.

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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: How to protect investment in a rent-to-own agreement facing possession complaint?

I am currently in the fourth year of a rent-to-own agreement. In the past three years, my landlord allowed me to make late payments, and I always paid in full eventually. I have invested approximately $30,000 in this property. With only eight months left in the agreement, I found paperwork for a... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 6, 2025

Hire an attorney who has experience defending rent and possession cases. There’s generally no easy way out unless you can tender the full rent due plus costs. Rent purchase agreements generally go badly for tenants who have trouble honoring the agreements strictly.

1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: Is there a 3-day cancellation right for car purchases in Missouri?

I purchased a car from a dealership in Missouri on 2/27/2025. During the signing process, which took from 1:00 to 5:30 PM, I felt pressured and repeatedly expressed to the finance officer that my brain was fried and I couldn't understand everything he was saying. I was under the impression I... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 2, 2025

Contrary to the public’s perception, there is no rescission right for contracts under Missouri law except for gym memberships and door-to-door sales.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for Missouri on
Q: Can I sue the company Love's travel store because they won't stop taking money out of my bank for services I don't get?

I'm an owner Operator of 1 truck trucking company. I gave Love's $3,000 for a secured credit to get fuel. After the 1st week I didn't like it. I called them to cancel. I only used $2,500 of the $3,000. They owe me $500. I was told I won't receive that and they go into my bank to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 24, 2024

Unless your contract has an arbitration agreement that precludes a lawsuit, then you may sue. If your company is the plaintiff you may represent it in small claims court, but if a trial de novo is sought you’ll end up having to hire counsel and spending a lot of money fighting over a small sum.

2 Answers | Asked in Bankruptcy and Contracts for Missouri on
Q: Hello, my girlfriend filed for bankruptcy and has started already paying the trustee. We moved right after and we owed

Rent. I can’t pay it now I’m locked out can she still be hit with the bill even after she has filed bankruptcy or will it go straight to me. Which I’m ok with?

Timothy Denison
Timothy Denison
answered on Dec 16, 2024

She can reject the lease under her bankruptcy and just walk away (if it’s a Chapter7). The debt would then fall to you to pay.

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1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: I recently went through the process of selling my house. The agreement was for the buyer to assume my loan/debt.

I just found out they did not go through the process of assuming the loan with my lender. They just want to pay the payments and have no intention of transferring the loan out of my name. Do I have any legal recourse?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

You can sue the buyer for breach of contract or specific performance.

1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: I just bought a new AC unit, which isn't working well.

Bought it on 6/14/24. Didn't even work as well as my 20 year old unit, which frankly I want back. The new one isn't even working now. What can I do? This is unacceptable.

I told the company I wanted the old unit back. No response so far.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 19, 2024

You can hire an attorney and file a lawsuit to recover your damages.

I don't know whether the company still has the old unit.

1 Answer | Asked in Contracts for Missouri on
Q: Hi, How can I get out of a contract with a personal adjuster for my homeowners claim, after I’ve written release letter.

The request was denied. I sent a second letter and now I’m being attacked.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 7, 2024

To answer your question about whether you may terminate your contract, an attorney would need to review the contract. There are exceptions, but parties generally cannot unilaterally terminate contracts.

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