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Missouri Contracts Questions & Answers

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Personal Injury for Missouri on

Q: My wife and I have rented a half duplex in Belton, MO for 12 years. The landlord has not maintained the property.

I recently fell from the garage steps that were in disrepair. The handrail to the basement is also loose and dangerous.

I told the landlord about the fall. He stated his insurance does not cover me. What options do I have for requiring the landlord to make repairs and to require him to... Read more »

Kevin Webb answered on Nov 27, 2017

It may be that you are in a property that is uninhabitable. It may be that your lease requires the landlord to maintain the property. You need to speak to an attorney concerning the specific facts in your case.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on

Q: Do i have to pay my rent this month?

Water has been leaking thru my dunning room baseboards. They can't find problem tore up my carpet. It has been over a month. The mold is bad. Now she said she will move us to different apt next week. I am disabled and will have to hire movers.

Kevin Webb answered on Nov 27, 2017

Yes, pay your rent and hire an attorney to sue immediately.

Here's the deal. You either will appear in front of the judge as a deadbeat who has failed to pay--no matter the excuse--or you can appear in front of the judge as an unjustly wronged tenant, who has spent months paying for...
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1 Answer | Asked in Contracts, White Collar Crime and Employment Law for Missouri on

Q: My county's salary commission is looking to make a salary "correction" for salaries that were not adjusted in 2007.

They acknowledged this issue in 2009. They now claim the county is liable to be sued. They had the same argument in 2009, but the commission decided retroactive pay was unconstitutional. Having acknowledged this more than 5 years ago, does that mean the statute of limitations has run out for anyone... Read more »

Kevin Webb answered on Nov 27, 2017

You may be right. It may be too late. You should check with a lawyer and see what that attorney says.

1 Answer | Asked in Business Law, Contracts and Consumer Law for Missouri on

Q: can you sue a company for a representative giving wrong information when it comes to the cost of a bill?

The client was quoted a cost of ~$150 when the bill got changed it was ~$195. The company offered a $25 credit but could not match the cost that there representative quoted initially. Client has this in writing.

Kevin Webb answered on Nov 23, 2017

Missouri law provides, in the Merchandising Practices Act, that if someone suffers damage because of deception, that person is entitled to relief. Now, just because the law says you're entitled to it, doesn't mean you get it. That's where a smart attorney comes in. Now, what you're describing... Read more »

1 Answer | Asked in Consumer Law and Contracts for Missouri on

Q: Can I get out of an agreement through Buy Here Pay Here lot?

We recently bought a 2005 Chrysler Town and Country from Carmart August 31st. It has been nothing but problems. They knew our situation as we have a disabled father (in wheelchair) and we needed something reliable that he could get into & would fit his wheelchair. We paid 1500.00 down and 150... Read more »

Kevin Webb answered on Nov 23, 2017

You need to speak to an attorney quickly. They can best determine to what relief you may be entitled under the law. You may ask your attorney about Missouri's Lemon Law, Merchandising Practices Act, and other opportunities for relief available to you. But there's no easy yes-or-no answer to your... Read more »

1 Answer | Asked in Contracts for Missouri on

Q: should the amount in controversy be smaller than the amount I am seeking to get based on the contract?

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Kevin Webb answered on Nov 23, 2017

It's important to speak to an attorney concerning this question. Without more details, such as your goal or the details of the contract, it is impossible to give you a firm answer.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on

Q: If seller doesn't make repairs by loan commitment date and closing is pushed back is the commitment date still binding?

Do I lose my earnest money when deal falls through?

Kevin Webb answered on Nov 23, 2017

There are a lot of questions that need to be asked before your question can be answered. Basic ones are, what duties does the seller have according to the contract? What duties does the buyer have according to the contract? Is there more than one contract governing?

Additionally, the...
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