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Sewell Law Blog

Changing a Business Name to Avoid Judgment

Changing a business name to avoid judgment is risky.

Retaliation for requesting a reasonable accommodation for a disability

Occupancy Permit a Risk for Landlords

Jamerson v. Boone, a recent Missouri appeals court case, could have serious consequences for landlords who fail to

Filing a Missouri Lawsuit

A Missouri lawsuit starts by filing a petition. A petition states the facts of a dispute, which are typically briefly

Registering a foreign judgment in Missouri

How to Set Aside a Missouri Default Judgment

Under Missouri law, a court may enter a default judgment against a party for failing to appear in court or for failing to

Real Estate Agent Liability Under Missouri Statute Section 339.730

Can a real estate agent be sued under Missouri statute section 339.730? That statutes provides that

Missouri Real Estate Partition Lawsuit

Sometimes, a partition lawsuit is the only way to resolve a land dispute. A partition lawsuit seeks to

The Commercial Real Estate Lease

The terms of a commercial real estate lease can have a significant affect on the cash flow of the landlord and the tenant. Each party…

Beware of FIRPTA When Buying Real Estate from a Foreign Seller

FIRPTA, the Foreign Investment in Real Property Transfer Act, is part of the U.S. tax code. It requires buyers of real estate to

How to Get Around the Due on Sale Clause

The due on sale clause is found in most Missouri mortgages. It is also called an acceleration clause. A Missouri mortgage

Landlord Was Not Responsible for Maintaining Smoke Detectors

A recent Missouri appeals court opinion found that a landlord was not responsible for maintaining smoke detectors. The case involved

Starting a Real Estate Business in Missouri

The laws related to starting a real estate business in Missouri are straightforward. The rules of the Missouri Real

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Dissolving a Missouri Corporation

Closing a Missouri corporation is a two-step process. The corporation is first dissolved. Then it is terminated by

Licensing a Real Estate Broker LLC in Missouri

A limited liability company is like an insurance policy. It generally protects the LLC owner’s personal assets from

Missouri Security Deposits

In 2016, Missouri statute §535.300 was revised to require residential landlords to hold security deposits in an

Abandoned Property

Landlords are often eager to remove abandoned property of a tenant who appears to have abandoned

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Self-Directed IRA LLCs and Prohibited Investments

Generally, as long as the investment does not result in

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Self-Directed IRA LLCs and Disqualified Persons

Prohibited transactions occur when a disqualified person deals with the assets of an individual retirement account (IRA) in a manner prohibited by law.

Self-Directed IRA LLCs and Prohibited Transactions

Prohibited transactions occur when a

The Expert Witness Under Missouri Law

Missouri has amended section 490.065 relating to the expert witness.

Missouri Charging Order

A charging order can be an effective way to collect on a judgment. A person who obtains a judgment is