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Missouri Merchandising Practices Act Bars Certain New Home Construction Claims

Where a Plaintiff who built a new home brought claims including breach of contract and unlawful merchandising practices against the builder, based on purported overcharges, the Plaintiff was equitably estopped from his breach of contract claim arising out of construction in certain areas of the home, because he had accepted the deed, which was construed as satisfaction. In Roy v. M.B.W. Construction, Inc., the Missouri Court of Appeals, Western District, denied the homebuyer a new trial based on newly discovered evidence, and further ruled that the trial court’s decision regarding overcharges and credits was supported by the evidence.