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Commercial Tenant Basics

April 28th, 2016

commercial property

If you are a business owner who rents a commercial property, you need to make sure that your commercial lease discusses these important issues:

  1. Signage, both interior and exterior
  2. Who pays for the utilities
  3. Janitorial services
  4. Who pays for improvements to the commercial property
  5. Parking
  6. Location of storage and trash containers
  7. Landlord’s right to enter the property for inspections and repairs
  8. Code violations
  9. Existence of hazardous materials

If you are thinking of renting a commercial space or need someone to review a lease you have already signed, contact our office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

Missouri Use Tax

April 27th, 2016

tax tip

Missouri applies a use tax on any item that is purchased outside of Missouri but comes to rest in Missouri and is put to use in Missouri for even an instant by the purchaser.  However, if the purchaser never uses the item in Missouri, then no use tax is owed in Missouri.

If you are having tax trouble and are needing legal assistance, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

Protection from Stalking

April 26th, 2016

restraining order

In order to receive an order of full protection from stalking, also known as a restraining order, the victim must show unwanted contact with a continuing purpose that causes fear for bodily safety.  The unwanted contact cannot occur years apart from each other; it must be recent.

If you would like to file for a protection order or want to defend one, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

Machete + Police Officer = Assault

April 25th, 2016

police 2

A Missouri court convicted a man of class A felony assault of a law enforcement officer for swinging a machete in the direction of a police officer.  Even though the machete never hit the officer, the man was convicted of assault for trying to injure the police officer.

If you have been charged with a crime and need legal assistance, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

Police Officer Testimony for Car Accidents

April 22nd, 2016

car accident 3

Missouri courts have ruled that police officer testimony as to who is at fault in a car accident, when the police officer did not witness the accident, cannot be used in court.  This is to avoid undue influence against juries who would likely believe a police officer’s testimony rather than look at the actual facts.

If you have been in a car accident, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

Construction Lawsuits

April 20th, 2016

construction 4

Missouri follows the “Cost of Repair Rule” when determining damages in a construction lawsuit case.  The Cost of Repair Rule is when the plaintiff, meaning the person doing the suing, gets awarded the cost of repairing the defective work.  Only when the Cost of Repair Rule would cause unreasonable economic waste, a plaintiff can use the “Diminished Value Approach” where the plaintiff gets awarded the difference between the value of the property with the defective work and what its value would have been if it had been constructed correctly.

If you are a victim of bad construction, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

Foreclosure Alternatives

April 19th, 2016

foreclosures

The following methods can be used by a residential property borrower to avoid foreclosure of their home or investment property:

  1. Modification of the Loan – This is when the lender takes the back-owed amount, also known as arrearages, and either forgives or defers the amount.
  2. Mediation – This occurs when the lender and the borrower use an independent, third party to negotiate and settle their issues.
  3. Short Sale – This is when the lender approves the sale of the property by the borrower to a buyer for less than what the borrower owes the lender.
  4. Deed-In-Lieu – This is when the borrower simply deeds the property back to the lender in order to avoid a foreclosure.
  5. Redemption – This occurs when the borrower pays the lender for any back-owed amounts and gets current on the mortgage.
  6. Refinance – This is when the borrower finds a new lender and restarts the loan process so that the borrower is no longer behind in their payments.
  7. Bankruptcy – This is when the borrower files a Chapter 7, 11, or 13 bankruptcy in order to stop a foreclosure or eviction.

If you are behind in your mortgage and would like to speak to someone about your options, contact our office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

Taking Self-Defense Too Far

April 18th, 2016

Self defense 2

A person in Missouri was recently found guilty of manslaughter for continuously shooting at his attacker after his attacker was shot once and fell to the ground.  The Missouri court stated that once the attacker fell to the ground and was unable to move, the attacker did not need to be continuously shot.  This case shows that defending yourself can be taken too far, thus making you the attacker and the criminal.

If you have been charged with a crime and need legal representation, contact our office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

Being Charged with Possession

April 14th, 2016

drug charge

In Missouri, a person can be charged with possession of a controlled substance with intent to distribute if the person had control of the illegal drug and had knowledge of its existence and nature.

If you have been charged with possession of a controlled substance with intent to distribute, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

Appealing a Tax Foreclosure Sale

April 12th, 2016

foreclosure 2

In order to appeal a tax judgment confirming a sheriff’s sale of real estate for delinquent property taxes, also known as a tax sale, must be made within twenty (20) days after the judgment is final.  A Jackson County man attempted to appeal the tax sale of his home 79 days after the judgment became final but his appeal was denied for being untimely.

If you are facing a foreclosure or are behind on your property taxes, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

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