News Archives
The Constitutionality of the Corporate Transparency Act - Introduction Before examining the constitutionality of the Corporate Transparency Act, we need to know what the act is. The Corporate… 
Registering a foreign judgment in Missouri - Registering a foreign judgment in Missouri is somewhat technical. Plus, many questions about the scope of the rules and statutes… 
Grounds for Appealing a Missouri Judgment - There are generally four grounds for appealing a Missouri judgment. One, there is no substantial evidence to support the judgment.… 
Appealing a Missouri Judgment - This article describes the process for appealing a Missouri judgment. It does not describe how to appeal judgments from a… 
Declaratory Judgment Action - A declaratory judgment action is a unique kind of lawsuit that asks a court to determine the parties’ rights and… 
Quiet Title Lawsuit - A quiet title lawsuit is typically filed to resolve a dispute about who owns a parcel of real estate, to… 
Attorney’s Fees in a Missouri Partition Lawsuit - Plaintiffs can recover some of their attorney’s fees in a Missouri partition lawsuit. Typically, recoverable attorney’s fees in a Missouri… 
Missouri Homeowners Association Liens - Missouri homeowner association liens are governed by the association’s indentures. Homeowners association indentures are private contracts, in which each lot… 
How to Correct a Missouri Deed - How to correct a Missouri deed is often simple. Small mistakes, like misspelling or omitting a word, can often be… 
Save the Family Farm Act - Missouri’s Save the Family Farm Act became law in 2019. It’s supposed to help keep family farms that are the subject… 
Missouri Eviction Law - Missouri eviction law addresses various scenarios in which a person refuses to vacate someone else’s property. Tenants are not the… 
Establishing a Private Road in Missouri - A private road in Missouri can be established across other people's property when necessary to access a public road. A… 
Missouri Business Fiduciary Duties - A Missouri business fiduciary is a person entrusted to manage a business’s affairs. Such fiduciaries are typically an owner, manager,… 
Missouri Business Attorney Clients - A Missouri business attorney can represent a business and people associated with that business. But that can be a problem.… 
Setting Aside a Missouri Rent Judgment - Setting aside a Missouri rent judgment typically occurs for one of two reasons. One reason is that the judgment was… 
Missouri LLC Member Basics - A Missouri LLC member is simply an owner of a Missouri LLC. Any “person” can be a Missouri LLC member.… 
The Missouri Operating Agreement - A Missouri operating agreement is an essential part of forming a Missouri LLC. If the LLC is owned by more… 
Missouri Articles of Organization - Filing Missouri articles of organization is one of two steps required to form a Missouri limited liability company. The following… 
The Manager Managed LLC - A manager managed LLC is typically a good way to go. When you form a Missouri LLC, you have to… 
The Missouri Registered Agent - Failing to properly maintain a Missouri registered agent can have serious legal consequences to an LLC and its owners. Purpose… 
St. Louis Eviction Update - The St. Louis eviction landscape has shifted in the past few days. While the County announced that it will permit… 
The CDC Eviction Ban - The CDC eviction ban places was spurred by President, Donald Trump, who, August 8, 2020, signed Executive Order No. 13945,… 
New St. Louis County Business Restrictions - St. Louis County imposes new business restrictions. Beginning at 5:00 p.m., July 31, 2020, all private and public gatherings are… 
The Bicentennial of Missouri’s First Constitution - July 19, 2020, marks the bicentennial of the ratification of Missouri’s first state constitution. Before Missouri was a state, it… 
Covered Property Eviction Moratorium - Under the CARES Act, enacted nationwide in March of 2020 in response the global economic shutdown, a landlord may not,… 
Metes and Bounds Survey - The metes and bounds survey system was developed in England,before the European discovery of the Americas. According to Black’s Law… 
Self-Directed IRA LLC - If you want to take direct control of your retirement portfolio, then consider a self-directed IRA LLC. A self-directed IRA… 
Public Land Survey System - The public land survey system was created by the United States Continental Congress' Land Ordinance of 1785. Back then, the… 
Origin of The Missouri Bootheel - The Missouri bootheel forms the southeast corner of the state. It is a tag of land about thirty-seven miles wide… 
Recovering Personal Property Through Replevin - Replevin is a legal remedy that permits the recovery of personal property possessed by someone else. It is one of… 
Discrimination Based on Sexual Orientation - In February 2019, the Missouri Supreme Court, in Lampley v. Missouri Commission on Human Rights, held that discrimination based on… 
Forcible Entry and Unlawful Detainer Law in Missouri - Under Missouri law, forcible entry and unlawful detainer occurs when a person unlawfully occupies real estate. Forcible entry and unlawful… 
Changing a Business Name to Avoid Judgment - Changing a business name to avoid judgment is risky. When a judgment is entered against a business, the business owners… 
Missouri Car Loan Deficiency Laws - [This article is for informational purposes only. Sewell Law does not practice in the area of vehicle repossession. We unfortunately… 
Using Medical Marijuana in Missouri: Restrictions - Article XVI of Missouri’s Constitution authorizes using medical marijuana in Missouri. However, before qualifying patients can start using medical marijuana… 
Missouri’s Medical Marijuana Law - On November 6, 2018, sixty-six percent of Missouri voters approved Amendment 2, legalizing the production and use of medical marijuana… 
Missouri Wrongful Termination Doctrine - The Missouri wrongful termination doctrine is an exception to Missouri's "at-will" employment doctrine. In Missouri, an employer can generally fire… 
Missouri Non-Compete Agreements - Missouri non-compete agreements are generally enforceable to the extent necessary to protect the employer’s trade secrets and customers. However, such… 
Retaliation for Requesting a Reasonable Accommodation for a Disability is Now Illegal in Missouri - Retaliation for requesting a reasonable accommodation for a disability is now illegal in Missouri. Under longstanding Missouri law, employers must… 
Occupancy Permit a Risk for Landlords - Jamerson v. Boone, a recent Missouri appeals court case, could have serious consequences for landlords who fail to obtain an… 
Filing a Missouri Lawsuit - A Missouri lawsuit starts by filing a petition. A petition states the facts of a dispute, which are typically briefly… - 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…
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 a real estate licensee… - Missouri Real Estate Partition Lawsuit - Sometimes, a partition lawsuit is the only way to resolve a land dispute. A partition lawsuit seeks to physically divide…
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… 
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… 
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… 
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… 
Selling As-Is Real Estate in Missouri - Owners offering to sell as-is real estate in Missouri must disclose to prospective buyers all material information about the real… 
Prejudgment Interest Under Missouri Law - Judgments entered by Missouri state courts may include prejudgment interest under certain circumstances. Prejudgment interest is determined differently for tort… 
Missouri Breach of Contract Law - Missouri breach of contract claims are governed by Missouri common law, by Article II of Missouri’s Uniform Commercial Code (UCC),… 
Deed in Lieu of Foreclosure - A deed in lieu of foreclosure is given by a borrower to a mortgage lender to prevent foreclosure. The lender… 
Court of Appeals Finds that Missouri Credit Union Violated Missouri’s Repossession Laws - On February 6, 2018, the Missouri Court of Appeals ruled against Missouri Credit Union in the following case involving Missouri’s… 
What to Consider When Appointing a Registered Agent - Every LLC doing business in Missouri is required by law to appoint a registered agent to receive legal notices and… 
Lease/Purchase Option Can be a Win for Both Parties - If negotiated fairly, a lease/purchase option can be a win for both parties. The option contract portion of the lease… 
A Real Estate Agent’s Commission is Earned When an Enforceable Sale Agreement is Signed - On October 17, 2017, the Missouri Court of Appeals for the Western District, in Whirlwind Properties, LLC v. John John,… 
Does Your LLC Need a Partnership Representative? - Beginning January 1, 2018, LLCs taxed as a partnership must designate a partnership representative, which must be a member of… 
Missouri Charging Order - A charging order can be an effective way to collect on a judgment. A person who obtains a judgment is commonly… 
The Expert Witness Under Missouri Law - Missouri has amended section 490.065 relating to the expert witness. The changes become effective on August 28, 2017. Under amended… 
Self-Directed IRA LLCs and Prohibited Transactions - Prohibited transactions occur when a disqualified person deals with the assets of an individual retirement account (IRA) in a manner… 
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… 
Self-Directed IRA LLCs and Prohibited Investments - Generally, as long as the investment does not result in a prohibited transaction, an IRA can invest in anything permitted… 
Abandoned Property - Landlords are often eager to remove abandoned property of a tenant who appears to have abandoned a leased premises. Missouri… 
Missouri Security Deposits - In 2016, Missouri statute §535.300 was revised to require residential landlords to hold security deposits in an account owned 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 claims against… 
Dissolving a Missouri Corporation - Closing a Missouri corporation is a two-step process. The corporation is first dissolved. Then it is terminated by filing a… 
IRS to Revoke U.S. Passports - The IRS will soon begin to revoke the passports of U.S. citizens under a law signed by Barrack Obama in… 
Durable Power of Attorney in Missouri - A durable power of attorney is a very important power. It allows someone else, called an attorney-in-fact, to act on… 
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 Estate… 
Raising Investment Capital from Friends and Family in Missouri - Raising capital from friends and family typically involves the sale of securities. Securities are regulated by federal and state laws. Business… 
Post Judgment Interest in Missouri - This article originally discussed the surprising opinion of the Missouri Court of Appeals for the Eastern District, Thomas Dennis and Sonya… 
Forum Selection Clause - A forum is the court where a lawsuit is filed. Parties to a contract can decide in advance where lawsuits… 
Missouri Partition Action - A partition action is often the only remedy to real estate disputes. For example, siblings often disagree about what to do with… 
Collecting on a Judgment - Collecting on a judgment is often more difficult than getting the judgment. In Missouri, a procedure called “discovery in aid… 
Adverse Possession in Missouri Part II - Adverse possession in Missouri allows someone to gain title to real estate merely by possessing it in a certain manner.… 
Course of Dealing and Usage of Trade - This article provides an overview of course of dealing and usage of trade under Missouri's Uniform Commercial Code ("UCC"). This… 
Pleading the Fifth in a Civil Lawsuit - What is pleading the Fifth? We see it in movies and TV shows. We see it a lot in testimony… 
Lease Clauses for Landlords - Landlords should include these three lease clauses in every lease: attorney’s fees, additional rent, and no surrender. Attorney’s Fees Generally,… - Adverse Possession of Land in Missouri - Adverse possession allows someone to obtain title to land merely by possessing the land under certain conditions. Adverse possession can…
- Missouri’s Uniform Commercial Code - Chapter 400 of the Missouri Revised Statutes is known as Missouri's Uniform Commercial Code (“UCC”). It was enacted in 1963…
When a Verbal Contract is not Binding - Generally, a verbal contract is binding in Missouri. However, there are certain circumstances in Missouri when a verbal contract is… 
5 Ways to Settle a Lawsuit - I have practiced law for more than a decade and litigated numerous lawsuits. I’ve learned firsthand what it takes to… 
Missouri’s Asset Protection Trust - An asset protection trust is not just for the rich. Generally, trusts provide an easy way to direct who will… 
Piercing the LLC Veil - Generally, owners of a Missouri limited liability company (called members) are not personally liable for the debts of the LLC. … 
Missouri Mechanics Lien Notices - Do you want to place a mechanics lien on real estate in Missouri? Do you own real estate in Missouri… 
Missouri Mechanics Lien & Shopping Malls - Missouri mechanics lien can attach to an entire mall, even though the work was done for just one tenant. Missouri Mechanics… 
How to Calculate the $1 Million Regulation Crowdfunding Limit - On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups (JOBS) Act. Under Title III of… 
Outside Creditors - The main reason for setting up an LLC is to protect your personal assets from claims against your business. However,… 
Crowdfund Investing Limits - Title III equity crowdfunding starts May 16, 2016. Under Title III, companies can raise up to $1 million online per12-month… 
Reg A+ “Testing the Waters” Part II - As I stated in my posting of August 18, 2015, the states of New York and Washington assert the authority… 
Regulation A DOA - New SEC Regulation A (Reg A+) launched on June 19, 2015. Just 3 companies have filed Reg A+ offering statements… 
Own Your LLC through a Simple Trust - I have formed a lot of Missouri LLCs, especially for real estate investors. Even a single parcel of real estate… 
Test the Waters with Reg A+ - A lot is being written about whether revised Regulation A (Reg A+), which went into effect June 19, 2015, is… 
Leaving an LLC - Leaving an LLC is not typically something you think about when you start an LLC with your partners. However, there… 
Fraudulent Transfer of Assets - A fraudulent transfer of an asset can carry a steep price if done to defraud a creditor. When faced with… 
LLC Taxation – Economic Effect - As explained in my previous article, LLC Taxation – Distributive Share Part I, your distributive share in an LLC must… 
Partnership Basis - Your partnership basis in a multi-member LLC that is taxed as a partnership will determine the amount of the deductions and… 
LLC Taxation – Distributive Share I - Distributive share is an important LLC tax concept. It generally determines the share of income earned by the LLC on… 
Capital Accounts of Missouri LLCs - The capital account has a very important purpose. It is where the LLC tracks all of the money and property… 
S Corporation Election & Your LLC - March 15th is the deadline for many LLCs to make the S corporation election. Before making the S corporation election for… 
Missouri Series LLC - The Missouri series LLC law was enacted in 2013. This structure provides tremendous flexibility and significant asset protection at a… 
LLCs Taxed as S Corporations & Reasonable Compensation - The main reason business owners elect to have their LLC taxed as an S corporation is to avoid the self-employment… 
5 Steps to Selecting a Great LLC Name - Selecting your LLC name is probably the most exciting part of starting your LLC. Most people spend a fair amount… 
What to Consider Before You Form a Missouri LLC - Starting your Missouri LLC (limited liability company) involves more than selecting a name. Before you form your Missouri LLC, you… 
Don’t Overlook Your Local Government - Don’t overlook your local government when starting up your limited liability company. Most local governments require businesses operating in their…
