Upon reading the contract more closely today we noticed that the date of expiration for the contract was listed as May 2022. It should have read May 2023
Can we legally declare the contract to be null and void?
answered on Jul 12, 2022
The issue is whether there was a mutual mistake. You can research Missouri law on it. Ideally, you and your broker can come to an understanding. Otherwise, you might purchase through someone else and then find yourself named as a defendant in a costly lawsuit.
We had bought our solar system from Green Solar Technologies out of California. They had subtracted our system out to 4 different installers from 2019 until today. They have failed to pay the contractors enough to complete the job and my system is still not set up correctly to this date. I want to... View More
answered on Jul 11, 2022
The first step is to contact a Missouri attorney to review the contract. The contract may have a forum-selection clause (which specifies where any lawsuit must be file) or an arbitration provision (which would prohibit suing in court). The attorney would also explain to you the potential remedies.... View More
doesn’t replace it & doesn’t order roofing materials as promised. Isn’t contract breached at this point?
answered on Apr 28, 2022
As always, Mr. Eisenberg is correct.
A contract breach occurs when one party fails to perform (or whose performance deviates from) what was contracted. A common problem for contracting homeowners is the absence of required terms in the contract. To piggyback on Mr. Eisenberg’s example,... View More
purchase material. I am told the contractor has purchased the material. The contract says if I cancel I pay 20% of the contract amount or the contractor's costs whichever is higher. If I cancel can I just forfeit the $11,000 but will I be entitled to obtain the material? Is the material in... View More
answered on Apr 22, 2022
That's a large sum. For an attorney to provide a meaningful answer, the attorney would need to review your contract. If it makes financial sense to you, pay an attorney to review the contract. In addition to the terms you stated, the contract might also have a one-sided attorney's fee... View More
He used our money for his own purposes & then couldn’t afford to replace it, fed me lie after lie, I chased him down for a year. His dad finally loaned him the money so I wouldn’t press charges. I paid for all materials/labor. Finished the roof a year later Nov 2022. Now he wants to be paid... View More
answered on Apr 5, 2022
Your contract governs. I think you misstated something. You claim that you entered into the contract in November 2021 and he finished the work in November 2022. We are only in early April 2022. Although it took longer than expected for him to finish the roof, unless you’ve suffered financial... View More
They made me sign an agreement as to how much I'd pay amonth at the time. Can they do this?
answered on Mar 18, 2022
It’s hard to answer your question. I presume you are an adult and therefore responsible to honor your written commitments. I don’t understand how you were “made” to sign an agreement as opposed to having chosen to sign the agreement because you assessed the situation and viewed not... View More
does it have to be registered at a courthouse?
answered on Feb 15, 2022
The essential elements of a valid contract include offer, acceptance, and bargained for consideration. Thacker v. MassmanConstruction Co., 247 SW2d 623, 629 (Mo.1952).
answered on Feb 6, 2022
It might benefit you to create an LLC for limiting personal liability.
For the answer to your specific tax question, I suggest you query "LLC" and "pass-through" or contact a CPA or tax attorney if you still have questions.
answered on Jan 28, 2022
After a plaintiff fails to achieve service on the first summons the plaintiff may request an "alias" summons. After that the plaintiff would request a "pluries" summons. If you are getting sued and have been served all that matters is that the summons was served before expiration.
We are in the process buying a new house. This home was listed as being an “as is” sale. We had a home inspection preformed for our protection as it’s an 110 year old farm house. The listing stated the product had a septic system. The inspection revealed there is only a discharge pipe that... View More
answered on Jan 24, 2022
It is unclear from your post whether at this point you can back out of the sale. If the seller's disclosure statement is inaccurate but you are aware of the issue and still go through with the sale, you may face a challenge, if you were to sue, proving that you were damages as a result of the... View More
typo, it ended 12/26/21 and i emailed on 12/23/21. landlord is accusing me of not giving a notice and trying to charge me for the month of FEB although we will be moved out by then. they have been horrible not answering maitnence requests and even leaving us with no A/C in 80-90 degree heat for two... View More
answered on Jan 19, 2022
An attorney would need to review your lease. It’s unclear whether remained there on January 27 and you paid rent for the next month. If you stayed and paid and the landlord accepted the rent then you might be on a month-to-month tenancy. Any lawsuit that you file probably won’t get an... View More
The new owners is having sewage problems and now wants to sue me. Am I liable for anything that happens to the house?
answered on Nov 15, 2021
I suggest that you have an attorney review your sale contract and seller's disclosure form, as well as any written demands from the buyers. You are liable if the buyers sue you and prove their claim or claims against you by a preponderence of the evidence. I have litigated... View More
By the time I drove it home the oil light came on and then the check engine light came on. It was a Cam position sensor code and there was no oil showing on the dipstick. Will I be able to cancel this contract since it's not me just changing my mind?
answered on Nov 9, 2021
It is you changing your mind on account of problems with the vehicle. If you are able to prove that the seller know of problems and made a misrepresentation to you, then an attorney might be able to help you. The challenge in these situations is proving what the seller knew.
The written agreement was supposed to be revised by an legal representative after my tenant and I agreed to all the terms that we wrote. Neither parties had any exsperienceing in writing a legalized lease and we both agreed that our agreement was going to be given to an licensed agent to be... View More
answered on Oct 30, 2021
I recommend that you have an attorney review the agreement to determine if it is enforceable.
answered on Oct 19, 2021
Here's the text from Missouri's security deposit statute:
535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit... View More
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.... View More
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... View More
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
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... View More
He has refused to repair the hot water heater in 2 months. Housing has now terminated the lease. What should I do?
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.
It a Operating Agreement want to make sure my son is making the right desion
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.
He’s on parole and I’m afraid to provoke him
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.
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