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Ohio Contracts Questions & Answers
2 Answers | Asked in Business Law and Contracts for Ohio on
Q: Ohio Contract for home remodel. Client paid retainer fee to company that contracted but client decided to change plans

Plans kept changing totaling more than what was agreed and client failed to extend more payment for additional updates and provide a written change of order. Contract outlines that without written notice contractor can cancel. Client agreed to contract terms prior to start and now wants to sue the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 7, 2020

The contractor being able to cancel without notice does not, by itself, mean that the contractor is not responsible to return the "retainer fee". The contract should provide under what circumstances the "retainer fee" can be kept, and under what circumstances the "retainer... View More

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: if a renewal lease has been signed, can the mgmt co. come back & say there is a discrepancy to re-sign you for higher?

The renewal lease was signed 12/30/19 (Month to month) and we were contacted 01/29/2020 to come back in due to a discrepancy in the rental amount. They’re saying that we renewed at $772 and it should’ve been $872. Can they legally change that amount after it has already been signed? The new... View More

Joseph Jaap
Joseph Jaap
answered on Feb 5, 2020

If the current lease is month to month, then if you don't sign the new lease at the higher rent, landlord can terminate the month to month lease at the end of a month by giving you a 30 day notice of termination.

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: For a company based in NY and OH. Workers fired after a month of work, this has happened multiple times.

A company hires a large group of people (150-200) for a seasonal position. The hiring manager gets commission for each person hired. 1-3 months later, the company fires all people hired. This has happened to multiple different groups over the course of a few years. Is this legal?

James J. Hux
James J. Hux
answered on Jan 27, 2020

Unless there is some contract, this is unfortunately probably legal. I wish it wasn't, but there's not really anything that can be done about horrible management decisions.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Can condo board remove money from capital account and use it to pay self for unnecessary contract work?

Over 8,000 pdf to condo vice president for doing contract work for several major projects not discussed with condo owners ast.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 19, 2020

The condo association operates the same as any other corporation. There should be bylaws and minutes setting forth what can be done and how it is to be done. There may also be an issue with self dealing

2 Answers | Asked in Contracts for Ohio on
Q: I signed a contract with a roofer and paid half upfront, he told me he was 2-4 weeks out 12 weeks ago,

Nothing in writing on the 2-4 weeks out. Can I legally cancel our contract and ask for my money back. He hasnt been returning my calls and has also given me several start dates the didn't happen. Or does this contract go on forever?

Joseph Jaap
Joseph Jaap
answered on Jan 16, 2020

It depends on the specific terms of the contract whether he has breached the contract. But if the contract did not provide all the required consumer notices that are required, then you can cancel it and seek the return of the amount you paid. But if he is insolvent or declares bankruptcy, or you... View More

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1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Santander problems

We are still paying on our car for 6 yrs and still owe over 15000.00We were given a bad loan

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2020

It's unlikely that any attorney could offer meaningful input on a loan based on a few facts posted here. They would need to sit down with you and review the loan agreement. But it would be a consultation that you would probably need to pay a fee for, and it's likely that loan agreements... View More

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: How do I serve an eviction notice without a rental agreement and without ever receiving rent?

I let someone live at my house to get their life together and they haven't. I have told them time and time again that I do not want them here, and they refuse to leave. They are living here full-time and refuse to leave on their own. There is no agreement of any sort stating that they may live... View More

Joseph Jaap
Joseph Jaap
answered on Jan 14, 2020

You can still follow the normal eviction process, even without a written lease. You give them the required written notice to vacate, and if they don't, then you file the eviction. Check your local court web site for the eviction process, or use the Find a Lawyer tab to retain a local... View More

2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: When is a fence contrator responsible for underground damages?

Fence contractor dug through my outside sewer line. Contract states they are not liable for unknown obsticles such as sewer lines. My question lies in do they carry any liablity in that they never informed us of the damage and moreover actually placed the fence post and concrete footing into the... View More

Joseph Jaap
Joseph Jaap
answered on Jan 14, 2020

If their contract says that, and you signed it, then they might not be liable.

But they might not have followed all the consumer protection requirements to give you notice of 3 day right to cancel, etc. If those were required, and they didn't, then that could void their contract, so...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Is there any way to keep my LL from being financially/legally resp for a friend living with me if it doesn't work out?

I am in a lease agreement and a friend is temporarily going to stay with me. Is there any "binding" document that I can get signed that will state my landlord will not be held legally or financially responsible? I am willing to take on full responsibility for any damages etc.

Matthew Williams
Matthew Williams
answered on Jan 9, 2020

You are free to contract with your landlord for you to take all responsibilities, sure. A contract is really nothing more than an agreement and you generally have a right to agree with another to anything that is not illegal. But an agreement takes two. If they don't want to contract with you... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Is an Ohio lease agreement valid if it excludes the address, start date, and it is not signed by all named tenants?

The lease agreement was signed by one of three tenants named on the agreement in order to join a wait list for an apartment in March 2020. The landlord did not provide the address or start date on the lease agreement because they were not sure what units would be available at the time we would be... View More

Joseph Jaap
Joseph Jaap
answered on Dec 18, 2019

The landlord can sue the one who did sign. The court would then determine if the lease is valid with missing information and with a specific apartment not identified. It depends on what the lease says and all the circumstances in which it was signed.

1 Answer | Asked in Contracts, Criminal Law and Traffic Tickets for Ohio on
Q: I was recently given a ticket for reckless driving. I have no prior incidents on my driving and no criminal record

I live in ohio, am a navy vet, and have a lawyer who will represent me in court. He has said that I do not have to show up, and that we will plead not guilty. Is this a good move and should I show up? I also have not signed a contract with him. Should I get a contract?

Patrick DiChiro
Patrick DiChiro
answered on Nov 14, 2019

MOST COURTS IN OHIO ACCEPT FAXED OR E-MAIL NOT GUILTY PLEAS FROM ATTORNEYS. IT AVOIDS WASTING THE ATTORNEYS TIME SHOWING UP AT AN ARRAIGNMENT WHERE NOTHING REALLY GETS DONE OTHER THAN A PLEA ENTERED AND A JUDGE ASSIGNED.

SO IT DOES NOT HURT YOU TO NOT SHOW UP AT COURT.

AS FOR THE...
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3 Answers | Asked in Contracts for Ohio on
Q: Do I have to pay a restitution fee to a General Contractor who was dropped after a month of negotiating his bid?

Over the past month, I have been in the process of purchasing a house using a Loan company that insisted on using a General Contractor. After negotiating his bids (several rewrites), I finally got him down to somewhat reasonable pricing for the jobs that needed to be done (required by loan... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 31, 2019

There was no contract requiring that you pay him for his time. He did not suggest that he should be compensated for his time during the negotiations. He can file a lawsuit, but he should not be able to prevail.

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1 Answer | Asked in Contracts for Ohio on
Q: Can I get out of a lease on the grounds in the details? I am 5 months into this 12 month lease.

I have recently started smelling tobacco smoke in my apartment. It has been causing me to wake up with a headache, and coughing. I emailed my landlord about it and she replied saying " Unfortunately the lease states there is no smoking within the towers, I cannot control what each resident... View More

Joseph Jaap
Joseph Jaap
answered on Oct 28, 2019

You can only get out of the lease if landlord will agree. Your lease probably does not require landlord to take action if there is smoking. You could pay your rent into escrow with the local court, and the court will hold a hearing to determine if there is anything landlord can do. Check the... View More

1 Answer | Asked in Contracts for Ohio on
Q: I'm in the state of Ohio and I need to make a legal contract. Can I just use LegalZoom? Or do I need an actually lawyer?

Me and my boyfriend got a car together about a month ago and we now have broken up. The tile is in my name but the loan is in ours. We signed a 6 year contract with the bank. He agrees to still pay his half of the monthly payments until the car is paid off or he gives me the total amount of his... View More

Joseph Jaap
Joseph Jaap
answered on Oct 21, 2019

It is extremely unlikely that he will keep paying on your car for 6 years, or pay half of the purchase price for a car he doesn't use. Even if you have a valid contract, if boyfriend quits paying, then you would have to sue him to collect -- and it would take several months. And you might... View More

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: My client never signed our contract, would they be held to the terms of it?

My company conducts estate sales. We take jobs by the value of our clients belongings. Our client received the contract where we state you cannot remove any items from the home as they are deemed for sale. They ignored this & took out items anyway. This was in breach of contract. The client... View More

Joseph Jaap
Joseph Jaap
answered on Oct 14, 2019

Since the contract was not signed, that makes things more difficult. If there is litigation, you can claim that they verbally agreed to the terms of the contract. They can dispute that. If you can't work it out with them, then they might sue you to collect the proceeds you have retained.... View More

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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: The apt autorenewed my lease until Oct 2020 saying i did not gave them written notice prior to 60 days of lease expirati

The apt lease is supposed to end in October 2019.I’ve moved out of state and in Dallas right now.I gave them verbal notice in Aug that i wont be extending lease, that time they did not notify me that i need to give them written notice .now apt has sent me auto renewal notice for a year without... View More

Joseph Jaap
Joseph Jaap
answered on Oct 11, 2019

If the lease had an auto renew provision that required 60 days written notice to not renew, and if you did not give written notice, then the lease renewed, and you are legally obligated to pay the rent for the rest of the lease term, unless landlord makes good faith efforts to re-rent and gets a... View More

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: I'm having a new house being built by Schumacher. the driveway & sidewalk cracked a few days. they want fix it.

I haven't taken possession of my house or even had my first walk through. we have not even made our last payment. I live next door so i watched all of this and informed them. They said they are not going to fix it. Are they responsible to give us what we paid for. we did not pay for a cracked... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 6, 2019

Some cracking in the driveway and sidewalks occur, but it seems odd that it would occur so soon in your concrete. If you still have funds left to pay, I would have the driveway and sidewalk inspected before making any further payment. Make sure you use a reputable expert in concrete issues, not... View More

1 Answer | Asked in Contracts for Ohio on
Q: As a General Contractor, how do I protect my lien rights on a private project?
Joseph Jaap
Joseph Jaap
answered on Aug 30, 2019

To be valid, all the statutory requirements must be followed for a mechanic's lien. That can include delivering a Notice of Furnishing and Notice of Commencement, posting a copy of a Notice of Commencement, providing copies when requested, recording the lien affidavit within the time... View More

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: My condo asstn. has been misappropriating funds & or ignoring request for audit info for years. Do I have any recourse?

My condo association has used scare tactics and harassing tactics to squeeze money out of homeowners. Some have filed bankruptcy not not knowing the management company that has been receiving payments for the last 13 years, has been cancelled by the state. Yet they have still used a law firm to... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 16, 2019

The articles of incorporation are often cancelled for failure to pay annual fees. The corporation can have the articles reinstated and ratify the conduct by a shareholder's meeting. As a shareholder, I believe that every owner is a member of the association, you are entitled to receive the... View More

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2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: home is under contract. just found out have to repair septic at min $15,000. can I get out of sales contract as seller?
Joseph Jaap
Joseph Jaap
answered on Aug 12, 2019

It depends on how the inspection contingency is written in the sales contract. Try to work it out with the buyer, or use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise you.

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