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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts for Ohio on
Q: I recently signed a roofing proposal for a company to replace my garage roof in Ohio 2 days ago. Can I cancel contract?

I have not paid any money to the roofing company yet. I know Ohio has some type of Buyers Remorse Law. So, I am really just curious if I can just cancel this roofing contract without any legal ramifications?

Bruce Martin Broyles
Bruce Martin Broyles answered on May 18, 2022

Most likely the Home Solicitation Sales Act would apply, and it requires the contract to provide you with notice of your right to cancel. The contract should also provide you with a form Cancellation. Send that form in to cancel.

If no notice given then you can cancel at anytime, but...
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1 Answer | Asked in Contracts for Ohio on
Q: Is my HOA contract still valid and do I need to continue to pay annually?

My HOA declarations list the incorrect county and the "city guidelines" around design elements are based on the WRONG city. The board voted to amend but because of verbiage in the contract, we need a vote from 75% of the lots. That failed, and now no changes can be made. Because of these... Read more »

Joseph Jaap
Joseph Jaap answered on May 16, 2022

If the HOA declaration was properly recorded in your county recorder's office, then until somebody sues the HOA in court, and a court rules the HOA declaration invalid, the HOA can enforce it. A court would probably consider the wrong city/county as a mere drafting error that is not... Read more »

1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: Am I obligated to pay?

In December I contacted a company to build me new porch steps. They said they would reach out to me at the beginning of the year for details. In February we were chatting and we discuss me paying half up front and half upon completion. After sending my address I never heard from them so I made... Read more »

Joseph Jaap
Joseph Jaap answered on May 12, 2022

If you don't pay, they could sue you. Depending on the facts, you might have made an oral contract with them. But it would be difficult for them to prove the terms of the oral contract it in court. You could deny there was a contract. If they did not give you the required consumer... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Can my ex sue me for throwing out his stuff when it’s been well over 6 months?

We have no verbal or written agreement for when he should get his stuff. Also I have only promised to keep his things while we were together. We broke up July 2021 and it is now May 2022. I also told him on August 12th, 2021 to come get his own things and that I was no longer helping him.

Joseph Jaap
Joseph Jaap answered on May 2, 2022

To be absolutely safe, an eviction action would allow his thing to be throw out legally. Some people would send a written letter and give a deadline of the date to come pick things up, or they would be thrown away. But that is risky. Anybody can sue anyone for anything. If you just throw his... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: If a apartment complex is under new management can they default on the old contract and start a new one?

My daughter received a letter from the new management of her apartment complex and it explained to her that her old contract was no good anymore. The new contract is requiring her rent to be raised $400 per month, pay new application fee, new security deposit, $300 dollar nonrefundable deposit for... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 27, 2022

Sale or management change of property does not change the terms of an existing lease or terminate an existing lease. The new owner/manager takes the property subject to the leases in effect until the specified expiration date in the lease. But when that lease expires, the new owner/manager can... Read more »

1 Answer | Asked in Banking, Construction Law and Contracts for Ohio on
Q: Hired contractor to build home in Sept. Now April and still no permits. Can I cancel contract and get money back

Hired contractor to build home in September, he had one application for septic turned in that would be $20,000 over, it is now April and no permits have been issued. Looking to see options to get initial payment back and go with different builder.

Joseph Jaap
Joseph Jaap answered on Apr 5, 2022

What you can do depends on the terms of the contract that you signed. Use the Find a Lawyer tab to retain a local construction law attorney who can review the construction contract and its requirements, and advise you of your options.

1 Answer | Asked in Contracts for Ohio on
Q: New board of non profit told money was owed on a contract we have no knowledge of. No one can produce contract and the

previous members with limited knowledge are saying the other party is actually at fault and owes us. Are we liable for a contract we didn't sign and do not have a copy of?

Joseph Jaap
Joseph Jaap answered on Apr 4, 2022

If a creditor claims that the non-profit owes money, then the creditor has to provide proof of that claim, such as a written contract signed by an authorized board member or officer of the non-profit, unless the creditor claims it was an oral contract. If the non-profit refuses to pay, the... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: What is the proper method to perfect a security interest attached to a ucc-1 filing?
Joseph Jaap
Joseph Jaap answered on Mar 23, 2022

Where it must be filed, depends on the type of security interest. Use the Find a Lawyer tab to retain a local business attorney who handles UCC filings. If not filed properly, it will not be effective.

1 Answer | Asked in Contracts for Ohio on
Q: I recently sold an apartment building in which several tenants were behind in rent at the closing.

We prorated the collected rents at the closing. The buyer is now claiming I (the seller) have no rights to any portion of the uncollected rents, and he is now actively attempting to collect the entire delinquent rents from the tenants with no intent of remitting me my share. Furthermore he is... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 18, 2022

It would depend on how the property was titled -- in your name, or in the name of a company, and if that company was sold or not. Talk to the attorney who represented you in the sale. If there was no attorney, then these problems can be difficult to resolve without getting an attorney now. Use... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: I am interested in becoming a lawyer - which courses can I take now that would show me what law school is like?

I am interested in becoming a lawyer. I am highly intelligent and can do just about anything I put my mind to. My question is this: which courses can I take now, in college, that will show me what law school is like? I am very good at language and comprehending all things linguistic - that has... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 15, 2022

I recommend calling up the Dean of the law school and telling him your situation and ask if you could sit in on a law school class or 2 to see if you would still be interested in it. Law school classes are not lecture format like college classes are. It requires reading cases and then being... Read more »

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Ohio on
Q: Is there anything I can do?

In 2015 I purchased a home. My ex(never married) and I, months later, after putting a lot of work into the house, split. Her and her father went behind my back to the loan office and drew up the paperwork to sell her the house for the same price I bought it for. I signed them. I didn't know... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 5, 2022

You'll have to have an attorney review all the facts and advise you if you have any possible claims, such as fraud, or whether you might negotiate a resolution. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: If I cosigned for a for my aunt under fear and it has been 5 months ago can I report it stolen

I just want to get my name off the car

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 2, 2022

Can you provide a little more information?

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Wage garnishment over “loan” between family w/ no contract, only told pay when/if you can. Help please

Hi, I have a question regarding money given between family. My grandpa gave me around 3k to help with our back rent. There was no contract or anything signed between us. He just said, “pay it back when/if you can”. Now he passed away recently & his daughter is threatening to garnish my... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 16, 2021

A loan does not entitle a person to garnish your wages. They would have to obtain a judgment against you, and garnish wages based upon the judgment obtained against you.

Even if a judgment is obtained and garnishment is attempted, social security, disability, and retirement benefits are...
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1 Answer | Asked in Contracts for Ohio on
Q: Is it possible to get back a non refundable deposit back from a vendor is there is no communication

I have contacted the vendor many times by emailing and by phone no response. I have to go the company website and complete a inquiry to get in contact with someone and finally got a response sept 25 stating that she would provide me with the update proposal from back in July in a one week or so.... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 19, 2021

Do you have a signed contract with them? If so, what does it say about dates to complete the planning? Does it have any deadlines that caterer has missed? Does it have a termination provision? Make contact with them whatever way you can, and try to work it out. Or sue them for breach of contract... Read more »

1 Answer | Asked in Contracts and Civil Rights for Ohio on
Q: Booked a caterer for my wedding. After tasting that took place in July was supposed to be provided a update proposal.

I have reached out to the vendor by calling and sending emails never got a response I had to go onto their website to do an inquiry to even get a response and when I did they told me that they will get back to me by sending out a proposal in a week or so it’s going on November now and I have yet... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 19, 2021

Do you have a signed contract with them? If so, what does it say about dates to complete the planning? Does it have any deadlines that caterer has missed? Does it have a termination provision? Make contact with them whatever way you can, and try to work it out. Or sue them for breach of... Read more »

1 Answer | Asked in Contracts, Criminal Law, Banking and Business Formation for Ohio on
Q: My mom’s boyfriend has 50,000 from selling a house. He owes money and wants me to hold it for him.

He wants to transfer the money straight into my bank account. Is this money then legally mine? Is there any legal action he can take if I don’t give it back? He has no access to my bank other then him having it transferred

Joseph Jaap
Joseph Jaap answered on Nov 18, 2021

If it is not a gift to you, then you are holding it in trust for him, and it would not be legally yours. But he would not have access to it, and if you refused to give it back, then he would have to sue you. If there is no signed agreement stating the terms by which you are holding the money for... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: My rental company sold property to a new one. I never signed a new lease, does the new company need to follow old lease?

My rental company in Ohio sold my apartment complex to a new rental company. One day I just got a random note on my door saying it was now under new ownership. I never was required to sign a new lease with the new company. The only lease I have is with the old company. I am now looking to sublease... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 12, 2021

The sale remains subject to all the existing leases that are in effect. The new owner cannot make changes to lease terms until the lease is renewed, if tenant agrees.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Ohio on
Q: My wife owned a cemetery plot and passed without a will. Does it go to me?

My wife owned a cemetery plot and passed without a will. She had three children from a previous marriage but paid for the plot while we were married. As her next of kin, do I now own that plot?

Aaron Epling
Aaron Epling answered on Nov 1, 2021

Call the cemetery and ask them. Sometimes, cemetery plots will pass under cemetery rules. Even if it has to go through probate, you will probably be able to get it.

1 Answer | Asked in Contracts for Ohio on
Q: What kind of lawyer do I need to help break a lease?

Covid related. Mother was in hospital. Doctors requiring first floor instead of third floor apartment.

Andrew Popp
Andrew Popp answered on Oct 14, 2021

You need to speak with an attorney who practices landlord/tenant law.

Best of luck.

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Ohio on
Q: Why don’t HOA’s allow essential critical infrastructure workers, emergency plumber, park their vehicles at their homes?

When renting the home I was not told or given any information about the HOA, nothing in the lease. I am trying to work w HOA, even tho legally they should be dealing with home owners, but they are just condescending, rude, and bullying throwing their attorneys around. I have been nothing but... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2021

HOAs are governed by a set of rules specified in a declaration that has been recorded in the county records and is binding on all the home owners and any others staying in any of the homes. The HOA rules provide fines or legal action for violations. They typically prohibit outside parking of... Read more »

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