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Missouri Contracts Questions & Answers
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 »

1 Answer | Asked in Child Custody, Child Support, Contracts and Divorce for Missouri on
Q: Should I sign an agreement that my husband and I came up with on our own including custody, visitation, spousal support,

We are supposed to have it notarized and I'm afraid because of the position I am in.

Lydia Seifner
Lydia Seifner answered on Apr 3, 2018

If you are concerned about the agreement, talk to a local family attorney and ask them to look it over for you. Never sign something you aren't sure about.

1 Answer | Asked in Business Law, Civil Litigation, Contracts, Real Estate Law and Banking for Missouri on
Q: Can a lien be filed on real property for non-payment of an unsecured promissory note?

I loaned a start up business some money and obtained an unsecured promissory note because there were no assets. There have been no payments made on the note and the company now has assets, namely real property, Can a lien be filed against the real estate or any other assets the company now owns?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 3, 2018

Unfortunately, an unsecured promissory note cannot justify a lien on the real property. However, if you file an action and get a judgment for the amount of money owed on the promissory note, the judgment can be filed against the real property if the name on your judgment and the name of the owner... Read more »

1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for Missouri on
Q: Took a mortgage to build a house and sell for profit. The loaner has not paid me all of the loan. He is foreclosing me

My house is to be on foreclosure this following Tuesday. Can I sue him? He knows he still owes me 15,000 and that is required to finish the last steps of the house. He knows once I sell the house his debt will be paid. But he rather take my home and this house I built. Please help.

Kevin Webb
Kevin Webb answered on Nov 28, 2017

So, if you're in the middle of foreclosure proceedings, you definitely want to speak to an attorney. You normally wouldn't sue if you're already being sued. Instead, you would counterclaim. You'll want an attorney to guide you through this process.

1 Answer | Asked in Contracts and Landlord - Tenant for Missouri on
Q: My lease says I am required to pay my full month of rent due on the first but I am not allowed to move in until the 19th

Wanting to know if this is legal

Kevin Webb
Kevin Webb answered on Nov 27, 2017

You signed it. Usually, people get it pro-rated. How long ago did you sign it? How did you negotiate it? You should speak to an attorney about the specifics of your case.

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Missouri on
Q: I signed a contract to sell a home without being executor of the estate is it valid? can they do an heirs deed?
Kevin Webb
Kevin Webb answered on Nov 27, 2017

You need to speak to an attorney quickly. Disposing of assets after someone has passed is a routine process, which requires the intervention of the courts sometimes. If you have taken the liberty of selling something that is not yours, you may have bigger issues to worry about as well.

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
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
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
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
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
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?

ccc

Kevin Webb
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
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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