Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015)

Citation
Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015)
Parent Document
Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015)
Jurisdiction
Missouri (state)
Effective Date
2015-02-20

Other Sections in This Document (77)

Full Text

553 chars
In contrast, Tenants argue that section 535.300 is a consumer protection statute and waiver would be against public policy. In support of this argument, Tenants liken the security deposit statute to the Missouri statutes relating to merchandising and trade practices which have been described as “paternalistic in nature” such that they cannot be subject to waiver. See High Life Sales Co. v. Brown-Forman Corp., 823 S.W.2d 493, 498 (Mo. banc 1992) (quoting Electrical and Magneto Serv. Co., Inc. v. AMBAC Int’l Corp., 941 F.2d 660, 664 (8th Cir.1991)).