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Missouri Contracts Questions & Answers
1 Answer | Asked in Contracts, Family Law and Real Estate Law for Missouri on
Q: Abstract 1948 begins having verbage "except road right of way", No amount specified. How do I find the distance allow

In the abstract there is nothing regarding road right of way until this time. Abstract dates from 1859. There is no amount listed as to what the road right of way is. How do I find out what is allowable as the county is starting to encroach upon my fenced property with their road. Is there a... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 28, 2019

I am not aware of a state statute that defines the width of roadways, but some counties have such ordinances. Your best bet is to search the ordinances in your particular county, which can be done online.

2 Answers | Asked in Contracts, Real Estate Law and Probate for Missouri on
Q: Filing a show-cause order on previous owner to answer why they should not pay repairs they knew existed

Seller stated new roof complete new roof 5 years ago Roof has got rotten spots in the plywood bathroom floors got rotten spots in the plywood around the toilet and the tub seller's installed ceramic tiles over to cover it up painted the ceiling is kills Staind blocker and smell blocker I like to... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 19, 2019

As the petitioner, you are correct that you will have the burden of proving sellers knew about these conditions. This can be shown in many ways: repairs done, older photographs, statements by neighbors, etc. The burden is by a preponderance of the evidence, so more likely true than not.

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1 Answer | Asked in Contracts for Missouri on
Q: I am under a real estate contract as a seller, And they had to change lenders because they failed the inspection. void?

I have cash buyers interested in the property but I’m not sure if I’m still legally bound to sell to the first buyers. I didn’t not put a closing date on the contract. I’m having a very difficult time paying the mortgage while I’m waiting for thier new bank to inspect the home.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 17, 2019

You should have an attorney review the contract. This is too important of a determination to make based on any answer you might receive from someone who has not seen the contract and is not your attorney. I doubt, however, that the contract requires a specific lender.

1 Answer | Asked in Contracts for Missouri on
Q: I seek up-to-date section 517.031 RSMo Affirmative Defenses and Counterclaim
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 17, 2019

The proper affirmative defenses to assert depend on the causes of action against you, as do any counterclaims. If it makes financial sense to you and in view of the amount at issue, hire an attorney.

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Social Security for Missouri on
Q: Does You Guys Law Firm Take LawSuits AgainSt The SoCial SerVices In The State Of Missouri In JasPer CounTy MissOuri
Tim Akpinar
Tim Akpinar answered on Jan 7, 2019

This is more of a question-answer board. Try reposting your question with some additional details and hopefully an attorney could pick it up to provide some direction after seeing the basis of a suit you're contemplating.

Tim Akpinar

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: What is the duty of care owed by a furnace repairman when, after replacement of heat exchanger in an oil furnace, furna

After replacing heat exchanger, furnace burned rich, creating soot, smoke, and odor. Serviceman refuses to address repair, citing lack of tools and claiming rich mixture was pre-existing.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 20, 2018

Here's an excerpt from a Missouri case that my provide guidance:

"When a person possesses knowledge or skill superior to that of an ordinary person, the law requires of that person conduct consistent with such knowledge or skill. W. Page Keeton et al., Prosser and Keeton on the Law of Torts...
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1 Answer | Asked in Contracts for Missouri on
Q: FSBO buyer backed out last minute after signing contract, now demands lower price. Has not paid the $1000 escrow...

daughter and husband doing a FSBO, buyer playing delay game for 60 days, now at last minute is demanding lower price, much earlier move date, and has not even paid the earnest money yet. Seller and buyer both military. Buyer paying cash (supposedly). Has lots of excuses and stories along the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 31, 2018

You didn't ask a question. I am not sure if this is a NC matter or a MO matter. Assuming it's the later, I recommend the sellers meet with the Missouri attorney. If only the buyer has the contract and a signed contract is necessary for the sellers to enforce it, then the sellers have a large... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: Grounds for suing if a roof was not completed due to the customer?

My husband had a roof job and was past completion date due to extreme heat and multiple storms , returned to complete and customer said he was fired and wanted 4800 back for material and labor, he had all material and comepleted on his own with family. And is now trying to sue for the 4800. In the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2018

If a lawsuit has been filed, then your question of whether the homeowner had grounds for suing is not important. If I were to say that the lawsuit is baseless (which I'm not saying) that would make no difference if a default judgment gets answered.

The better question concerns what your...
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1 Answer | Asked in Civil Litigation, Collections and Contracts for Missouri on
Q: a collection agency-law firm send me collection notices then turn around and sue me on behalf of the original creditor

i sent them an acceptance with condition only to be dishonored by them refusing to produce original contract

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 8, 2018

You didn't ask a legal question. You did not unconditionally accept the offer but rather made a counteroffer, i.e., you would pay if they produced the original contract. I don't know whether they responded by validating the debt, even if the document was not what you requested.

You...
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1 Answer | Asked in Contracts for Missouri on
Q: I was going to buy a home but I decided I did not to buy this home. What obsessions do I have to get out of this

I put $500.00 ernest on the house

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 5, 2018

Read your contract to determine what contingencies there might be that allow you to terminate the contract and get your earnest money returned. For example, if the contract is contingent upon your satisfaction with an inspection and you have obtained the inspection and comply with termination... Read more »

1 Answer | Asked in Contracts for Missouri on
Q: i am trying to figure out if a title loan can use someone else's income for someone who has no job for a loan on a car?

a friend of mine mom does not have a job and her fiance if disabled and her son works can the title loan use those income if they are not the owner of the car?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 29, 2018

I presume that the lender can base its decision on whatever lawful considerations it deems important; however, it makes no sense that the lender would consider the income of someone who won't be a party to the loan.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Leaser must have due cause to terminate a property lease early. What does "due cause" mean?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 29, 2018

Unless the lease defines the phrase, I have no idea other than it means a breach of the lease.

1 Answer | Asked in Contracts for Missouri on
Q: does the state of Missouri recognize common law marriage
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 27, 2018

No.

1 Answer | Asked in Contracts for Missouri on
Q: Are there any laws about providing customers with a copy of any contracts they may have?

I singed a contract with UHaul. I asked for another copy of my U-Box storage contract 9 months later after encountering issues when I went to pick up my belongings. So far no one can give me a duplicate copy of what I signed. Not even the corporate office. I want a copy because I am pretty sure... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 3, 2018

There is no general Missouri law giving you the right to a contract.

1 Answer | Asked in Contracts, Lemon Law and Small Claims for Missouri on
Q: Is it legal for a dealership to sell a car that can't pass inspection without telling me it cant

I bought a car it doesn't have any wires to hook up a licence plate light so I can't get it to pass inspection they won't fix it and won't take it back either said I should have checked it myself before perchase but gave me a passed inspection paper saying it was good to pass inspection but can't... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 8, 2018

They can sue you if you don’t pay and you can sue them. Anyone can sue anyone. The better questions concern this risks and costs of litigation. I suggest you meet with a local attorney, preferably with consumer law experience. Ask about the Merchandising Practices Act.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Missouri on
Q: How to write demand letter &prepare for unlawful detainer case in where my defense is the dwelling uninhabitable in MO?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 13, 2018

Counterclaims are not permitted in unlawful detainer actions. Wells Fargo Bank v. Smith, 392 S.W.3d 446 (Mo. banc 2013). https://scholar.google.com/scholar_case?case=2944970135383545146&q=missouri+unlawful+detainer+counterclaim+%22wells+fargo%22&hl=en&as_sdt=4,26

I don't think a demand...
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2 Answers | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Missouri on
Q: Tenant rights In Missouri on service animals in housing where pets are allowed but I’m being evicted .

She walked into my fiancé home with no notice after calling him asking if he’s home and he had a dog. No he’s not home and no dog. He’s my service animal I have psychological disabilities . I was added on lease 2 weeks ago. So she comes in the home knowing he’s not home well I am n my... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 5, 2018

You could hire a lawyer to write a letter explaining the law and your position. I don't think this is a matter that you will end up litigating on your own. Best wishes.

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1 Answer | Asked in Contracts and Collections for Missouri on
Q: I am being sued for ""Breach of Contract" by a debt collector. I appeared at court for the trial, their lawyer did not.

When i check the online court docket entries it says "PLAINTIFF BY ATTORNEY CRESON, DEFENDANT APPEARS NOT. CASE RESET" My question is, what does "Defendant Appears Not", mean? I know they reschedule the case, but when i read that statement it reads like they showed up and i didn't. Which was the... Read more »

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

Defendant appears not means that the court has no record of your having showed up at court. So long as a default judgment was not entered against you, I don't think the docketing mistake matters.

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
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. If you have concerns... Read more »

1 Answer | Asked in Contracts and Small Claims for Missouri on
Q: I was n a verbal agreement with my mothe7hr f remodel n update her home which we both lived in she was to pay for half

half material and half the the labor she moved out and lied the entire year n repaid nothing can I make her pay me back for all the work n supplies owed?

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

Some contracts are required to be in writing, such as a contract to purchase real estate. The contract you describe is an oral one and that is okay; however, you would need to prove the terms. In addition, suing a relative is not something that anyone enjoys, so I encourage you to try to work out... Read more »

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