Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Taylor P Waters

1 Answer | Asked in Consumer Law and Contracts for Ohio on

Q: Can I back out of a home repairs contract?

Hello,

I entered into a contract with a contractor for home repair services. The work was divided into three separate sections. He’s completed two of those, and not yet started the third. If no expenses have occurred in the third section, can I back out and pay for only the first two?... Read more »

Taylor P Waters answered on Aug 5, 2019

Probably, but it will depend on what your contract says and whether the Ohio Consumer Sales Protection Act or Home Solicitation Act apply and can strengthen your position.

1 Answer | Asked in Real Estate Law for Ohio on

Q: Brother died 2012 he has two kids neither took control of anything. House is falling down back taxes owed.

Village wants to use a grant to tear it down for safety reasons. His kids will still own the property. Tried contacting the oldest and they don’t want nothing to do with it. Can I as a brother do anything.

Taylor P Waters answered on Jul 29, 2019

No, if they own the property then it is their property to dispose of. If they're truly not interested in doing anything with it, they might be willing to deed it to you and then you can take care of it. The backed taxes will follow the property, however.

1 Answer | Asked in Real Estate Law, Small Claims and Family Law for Ohio on

Q: Can you evict an ex when they are not on deed or mortgage? I had to move she’s still there but it’s my house??

My husband to be was battling a DV case for about a year, he has now Been found not guilty. His ex has been living in his house the entire time while he has been paying the bills of course. The house is solely in his name, the deed and the mortgage. How do we get her out, we keep asking his lawyer... Read more »

Taylor P Waters answered on Jul 29, 2019

Was she an ex-wife or an ex-girlfriend? If she was an ex-wife, the question is much more complication. If she's an ex-girlfriend, you need to follow normal eviction procedures.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on

Q: Does a landlord have to provide safe and healthy for all tenants if one of the neighbors is a hoarder

There's 8 apartments 1 of them is a hoarder that has rats roaches bed bugs p

she's been evicted 10 times has lived there at decade and they won't a

Evict her for late payment of rent they keep letting her stay here and people are getting sick from all the insects bed bugs mice and... Read more »

Taylor P Waters answered on Jul 26, 2019

Yes. Under ORC 5321.04 (A)(1) and (3) a landlord must (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety and (3) Keep all common areas of the premises in a safe and sanitary condition.

You could probably...
Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on

Q: Why do I got charges for dog without license and got loose in Ohio the sentences could be 30 days of jail time??

Taylor P Waters answered on Jul 22, 2019

1. Because you might have a dog without a license;

2. that dog might have gotten loose;

3. and the penalty is a fine not less than twenty-five dollars or more than one hundred dollars on a first offense, and on each subsequent offense shall be fined not less than seventy-five...
Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on

Q: Can I go to jail in Ohio for a violation of ORC 955.21 and 955.22?

ORC 955.21 is having a dog with no license. 955.22 is because the dog was loose and caught by animal control. As I read these, a first offense for these is limited to a $100 fine, but at arraignment the judge said up to 30 days in jail.

We had been trying to find a new home for the dog,... Read more »

Taylor P Waters answered on Jul 22, 2019

Yep, see ORC § 955.99 (E)(1), "Whoever violates section 955.21 of the Revised Code, violates division (B) of section 955.22 of the Revised Code, or commits a violation of division (C) of section 955.22 of the Revised Code that involves a dog that is not a nuisance dog, dangerous dog, or vicious... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on

Q: I bought a dog on craigslist and was told she was vaccinated. The dog died only 2 days later.

She freaked out, started foaming at the mouth attacked me and died. I went to ER and the county health department and CDC took the dog for rabies testing. I am now finding out the dog was not vaccinated or licensed. What are my rights as to getting back the money I paid? I only had her for 2 days,... Read more »

Taylor P Waters answered on Jul 22, 2019

You technically owned her and the odds of recovery anything are very low. Never adopt animals from Craigslist, always ask for medical records, and the vaccination proof. To recover anything you'd have to prove your total damages including those you suffered and find the person who sold you the dog.

1 Answer | Asked in Animal / Dog Law for Ohio on

Q: A lady gave me a dog that apparently belongs to her son...he moved off and left the dog with her by law do I have to

Do I have to return the dog

Taylor P Waters answered on Jul 22, 2019

Probably not. You could argue he abandoned the dog and then she gave it to you. If you're the one paying the vet bills, food, etc., then you're probably fine.

1 Answer | Asked in Animal / Dog Law for Ohio on

Q: Is it legal for someone to ask for a rehoming fee for a cat/dog in Ohio?

Taylor P Waters answered on Jul 16, 2019

Absolutely. It is a good practice to ensure the animal is being adopted by someone who has enough income to prospectively take care of it. It also may deter people who are looking for a free animal to abuse or exploit. Rehoming fees tend to be best practice.

1 Answer | Asked in Real Estate Law for Ohio on

Q: Is wholesaling real estate legal in Ohio?

Taylor P Waters answered on Jul 10, 2019

Yes and no, it depends on the actions of the person and whether they violate ORC 4735, and how they hold themselves out.

1 Answer | Asked in Animal / Dog Law for Ohio on

Q: I SURRENDERED MY DOG TO A HUMANE SOCIETY ON SATURDAY SUNDAY MORNING A FRIEND TEXT ME AND SAID THEY WANTED TO ADOPT HIM

SO I ASKED THE HUMNE SOCIETY TO GIVE HIM BACK TO ME SINCE HE HAS NOT BEEN PUT UP FOR ADOPTION YET. THEY REFUSED IS THIS LEGAL?

Taylor P Waters answered on Jul 10, 2019

Yes, unfortunately. When you surrendered your dog the humane society became his "owner." They have no duty, generally, to give him back.

2 Answers | Asked in Consumer Law, Contracts and Animal / Dog Law for Ohio on

Q: I have a question on consumer laws regarding purchase of a puppy from breeder in Ohio. I am in Pa.

I found a puppy online. I contacted the owner on FB msger but got no reply. I then saw the same puppy listed with another woman claiming to be seller's mom. I messaged her about the puppy, and we made arrangements. I never actually spoke with the daughter. Mother disclosed that the pup had an... Read more »

Taylor P Waters answered on Jul 10, 2019

It depends on what the contract says regarding the deposit. It does seem like there are multiple red flags here and you might be dealing with an Amish puppy mill situation. If you had a firm agreement that you could get the puppy for the week of July 9, that might be sufficient to get the deposit... Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on

Q: does a tenant have a legal right to argue a land contract that was not recorded in Ohio? tenant wants an extension

land contract in ohio, not recorded, owners want to evict and tenants want an extension based off of land contract was not recorded

Taylor P Waters answered on Jul 9, 2019

No. In Ohio, the Seller must record the land contract within 20 days after the sale. If the Seller does not record, the Buyer should to protect her interest. The Buyer can go record the land contract now, should she choose. Under most land contracts, if the Buyer fails to comply with other terms,... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Ohio on

Q: We just purchased real estate. Found out previous owner shot his dog then himself, on the property.

Does that information have to be disclosed to us before purchase?

Taylor P Waters answered on Jul 8, 2019

Sort of. Ohio does not have a "stigmatized property" law wherein the seller is forced to disclose a death. Suicide is not a "latent defect" but might be considered a material fact which would affect your ability to live in the home or ease of sale later. The real estate broker or agent in Ohio does... Read more »

1 Answer | Asked in Consumer Law for Ohio on

Q: Is it fraud if dealership lies about vehicle make on temporary tag registration?

The vehicle i just got has many problems with it, that showed as soon as i drove off the lot, plus has many recalls i was unaware of beforehand. Not sure what to do at this point its a Saturn and the vehicle registration says Chevrolet. They will not return my calls. I just got it friday.... Read more »

Taylor P Waters answered on Jul 8, 2019

It is likely a misrepresentation for which they would be liable. Please see the following: https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/consumers-should-know-rights-when-buying-used-cars/

2 Answers | Asked in Small Claims for Ohio on

Q: My son was awarded a settlement and placed in a trust. They said I could apply for a hardship for funds to be released

After reading paperwork from probate court it’s saying it has to be placed in an account with solely my sons name and be held. I was wondering why because the lawyer said I could get it early if I went to probate court and pay and apply. I did that and the check has been sent out.

Taylor P Waters answered on Jul 3, 2019

This is because it is your son's money, solely. The hardship must be his hardship, not yours and he must need the money, not you.

View More Answers

1 Answer | Asked in Foreclosure for Ohio on

Q: Facing foreclosure Thursday june 13..did bankruptcy 2 yrs ago...lender want do loan modifications 3 times in 13 yrs..

Taylor P Waters answered on Jul 3, 2019

Hi there, this question is missing a bit of important information. If the foreclosure was just filed on June 13, get an attorney to help you defend it. If you filed for bankruptcy which was discharged then the lender can only collect against the property and not you personally. If the lender won't... Read more »

1 Answer | Asked in Foreclosure for Ohio on

Q: Rental in foreclosure.

Rental home is in Forexlosure, I paid rent and deposit to move in.forclosurer has started.90 days to leave.Homeowner is trying to collect rent

Taylor P Waters answered on Jul 3, 2019

You may still have to pay rent, but you should begin looking for a new place to live. If the foreclosure just began the house likely won't sell for several months. Were you given a 90-day notice by the owner, and does that breach your lease? Either way, your lease is an independent obligation so... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Ohio on

Q: Hello, my vehicle was searched withbout my consent at my place of work. The search violated company policy as well

But I think it may have violated Ohio law. No law enforcement present, no warrant and no cause. Was this illegal?

Taylor P Waters answered on Jul 3, 2019

That depends on whether you have an employment contract and whether that employment contract gives them the ability to search your car if it's on their property. It seems unlikely, however. You should call an employment attorney.

1 Answer | Asked in Civil Litigation and Family Law for Ohio on

Q: My brother held my dad against his will for a year he got DPOnow wants to unplug my dad can we stop him doing it 4 spit

My dad would not even speak to my brother after he held him against his will for a year and kept his social security checks now he wants to unplug my dad after just 24 hours of life support other family members run me out of the hospital because I wanted them to leave so I could spend these last... Read more »

Taylor P Waters answered on Jul 3, 2019

You should call a lawyer for a thorough evaluation. Whether your father has a will, a living will, advance directives, and more will affect the outcome.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.