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Questions Answered by Mark Martin Turner
1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: I purchased a shower surround wall and base from a local Lowes store in 2015. It is leaking in two cracked places.

The removal estimate and install of new, is $6800.00. Lowes will provide a new shower surround wall and base but will not pay for the removal or installation of the new. What is my recourse?

Mark Martin Turner
Mark Martin Turner answered on May 24, 2017

Your recourse depends on a few different issues. First, when it was installed, did the installer provide you a warranty? 2nd, what is the reason it is cracked and leaking? 3rd, does the product itself about warranty?

If the cracks or because of misuse by the consumer, you may not have any...
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1 Answer | Asked in Consumer Law for Ohio on
Q: Can I sue a carpet co. for installing carpet through out house and causing damage to carpet, doors and walls.

Damaged was caused to doors and frame when they removed them to cut the bottom of the doors so they would move over top of the carpet. Doors were not cut high enough to pass over carpet and bottom fared the carpet. There is also a 1/8 gap in the carpet and can see the floor. The bedroom wall and up... Read more »

Mark Martin Turner
Mark Martin Turner answered on Feb 20, 2017

The simple answer is probably yes under the Ohio Consumer Sales Practices Act (CSPA) and for Breach of Contract and/or Warranty. The installers did not perform in a workman like manner and caused damages. The CSPA has a 1 year statute of limitations and does have a provision that allows for the... Read more »

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: Can a car dealership come back and ask you for a co-signer once they have approved you for a loan, you have signed.

A car loan was approved by the dealership, all documents signed and the vehicle given to me. Now they called and want a co-signer. Is this legal? Do i have to give a co-signer after approval has been given?

Mark Martin Turner
Mark Martin Turner answered on Feb 17, 2017

Maybe. If the dealer required you to sign a spot loan agreement they may be able to do that. Such an agreement in essence states that you can have the car but your loan is under consideration and not yet approved. If you did not have such an agreement, or if you have documentation that the loan... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Can a private music teacher force one to continue paying for lessons if one decides to discontinue the lessons?

My son was encouraged to take these lessons. They take place during the day at school and are given by a grad student not employed by the district. We signed a paper stating we would contine the lessons until May, but we are not pleased with the lessons and wish to find our own instructor. The... Read more »

Mark Martin Turner
Mark Martin Turner answered on Feb 17, 2017

As with all contract questions, the answer to this depends on what is written on the contract. If the contract states that you must pay for 10 lessons and the student quits after 5, you will most likely be responsible to pay for the remaining 5 unless the contract itself has a clause that permits... Read more »

2 Answers | Asked in Business Law, Contracts and Mergers & Acquisitions for Ohio on
Q: Transferring ownership of single member LLC from father to son in Ohio, what needs to be done for this to happen?

Family business been around since 1998, became a single member LLC in Ohio in 2013 (though a disregarded entity/sole proprietorship to the federal government). We're looking to transfer ownership from fathers name to sons. Outside of getting account (banking, insurance, etc) setup in new... Read more »

Mark Martin Turner
Mark Martin Turner answered on Feb 20, 2017

In addition to the previous answer, you should also review all of the LLC's contracts, leases, loans and other agreements to see if you have any personal guarantees that need to be transferred. In addition, make sure you contact your insurance agent. There may be some need for you as the father... Read more »

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