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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts for Ohio on
Q: As a contractor in Ohio. How long do I legally have to start a project if my contract doesn’t state a start or end date?

Contract was signed in April and customer wants to cancel

Joseph Jaap
Joseph Jaap
answered on Jun 28, 2018

You have a "reasonable" time if not specified in the contract. There is no legal definition. The court will determine what is reasonable, if dispute not resolved.

1 Answer | Asked in Contracts and Tax Law for Ohio on
Q: I have a land contracted house that my mom purchased 8 yrs ago. If we sell will she have to pay capital gains tax?

I have live in it for 8 yrs. Land contract was done in my name 3 yrs ago.

Joseph Jaap
Joseph Jaap
answered on Jun 22, 2018

Whether there is a capital gain, and whether she pays tax on it, depends on all the facts and her financial circumstances. She should consult a tax professional who can review the facts and advise her.

1 Answer | Asked in Construction Law, Contracts and Real Estate Law for Ohio on
Q: Is there a "lemon law" per say on houses? We just found a serious issue after buying in December 2016 that was "covered"

The basement had been freshly painted prior to showing with a very thick paint so of course we did not notice ANY cracks in the basement walls (we looked at this property three times)! Just yesterday we noticed a very weird, very straight line of dirt 2 feet from the top of the basement walls. My... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jun 1, 2018

In Ohio, the seller of a home can be held liable for actively concealing defects in the property. The active concealment would constitute fraud and your statute of limitations does not begin to run until the fraud is discovered. Your claim is very dependent upon facts and what evidence you will... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: What is the penalty if we accept an offer and the decide we do not want to sell.

An inspection found a problem and the buyer wants an additional $8,200.00 off the price.

Joseph Jaap
Joseph Jaap
answered on May 14, 2018

It depends on your contract and the inspection contingencies. If you do not accept the repair cost, then that might terminate the contract, but it might not, so you should use the Find a Lawyer tab to retain a local real estate attorney to review the contract and all the facts and advise you,... View More

1 Answer | Asked in Contracts for Ohio on
Q: I have a land contract. The owner has not collected rent nor fixed whats in the contract. What can I do?

When I signed the land contract, the owner said he would remodel the upstairs bathroom within 45 days, fix the wiring and put in an electric stove within 7 days. Nothing has been done. He hasn't come to collect the rent and he will not answer or return my phone calls.

Joseph Jaap
Joseph Jaap
answered on Apr 30, 2018

If the contract specifies an address for you to make payments, then if payments are not made, the owner could claim you are in breach of the contract. If the owner has breached the terms of the land contract, use the Find a Lawyer tab to retain a local attorney to review its terms and advise you... View More

1 Answer | Asked in Contracts for Ohio on
Q: If a horse was given to a man, with "give back if cant keep" contract, and he sells right away, is that theft?

Two older Thoroughbred mares were Rehomed in Ohio. Contract hand written. Man promptly sold. One went to a kill buyer towards slaughter.( got saved) Other is Missing. ( I am not in Waltham, Ma..not sure why that is in question details) ..

Joseph Jaap
Joseph Jaap
answered on Apr 23, 2018

Could sue in small claims court up to $6000 for the value of the missing horse. Check the local court web site for the forms.

1 Answer | Asked in Business Law and Contracts for Ohio on
Q: If you have a business with a partner that is 50/50 can you do anything if they won't let you get your half of the money

We had some type of agreement written up when we started the business and we both signed but I never read anything in there about that I could understand

Joseph Jaap
Joseph Jaap
answered on Apr 17, 2018

It depends on the company documents and what they specify for resolving disputes. If a dispute cannot be resolved, then you can sue in court to terminate the company and distribute the assets between the two partners. Use the Find a Lawyer tab to retain a local attorney who handles business... View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Hello I lived in NC and binding to lease in OH starting on MAY26th 2018, my family cannot move to OH, can I break lease?

I informed landlord on March29th 2018, paid security deposit, first and last month rent and pro rate in MAY26 to MAY31. A total of cash I paid is 4470.96 usd in total. Can my family get some of this money back ?

Is there any legal action i can do to break lease legally and get some money... View More

Joseph Jaap
Joseph Jaap
answered on Apr 16, 2018

Use the Find a Lawyer tab to retain a real estate attorney in OH to review the lease and the facts and advise you if you have a basis to try to terminate the lease or to sue in small claims court to recover any amounts paid to landlord. Or landlord could sue you for the rent, minus any rent... View More

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1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: My deceased wife cosigned my name to her daughter's student loan without my knowledge.

The daughter did not pay so I started paying the loan because I did not wish to hurt the family any more than they were from losing they're mother. I have been paying this for 5 years now. Am i responsible for this loan? Or can I get out of it?

Joseph Jaap
Joseph Jaap
answered on Apr 16, 2018

If you did not sign, you are not responsible. But you might have to go to court to try to prove your signature was fraudulently made on the loan documents.

1 Answer | Asked in Contracts, Products Liability and Landlord - Tenant for Ohio on
Q: Recharging after itemized list and paid in full.

So, I moved out of my apartment mid December 15th and received a itemized list of the charges and I paid in full end of the month December. Mid February my friend in the apartment told me they replaced the carpet. Can they recharge me again after 30 Days from when I moved out? Also, can they charge... View More

Joseph Jaap
Joseph Jaap
answered on Apr 6, 2018

The landlord can send you a bill. Nothing prohibits that. If you don't pay, they can sue you. Nothing prohibits that either. If they sue, the court will determine if you have any legal obligation to pay it.

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: I had a bogus lein put on my home and business. This person is in jail and awaiting his trial for prison.

How do I remove this when I can’t afford an attorney? I was never served any papers or notice regarding this matter.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 30, 2018

Prepare a notice to commence suite and have it served by the sheriff at persons last known address

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Small Claims for Ohio on
Q: In which court would I file a successor liability suit for a lifetime basement waterproofing warranty that came from

In which court would I file a successor liability suit for a lifetime basement waterproofing warranty that came from a company that is now defunct. The former owner now owns a new, unrelated company that works to fix bowing foundation walls. He used to own a waterproofing business. Thanks!

Joseph Jaap
Joseph Jaap
answered on Mar 30, 2018

Small claims court for a claim up to $6000, or municipal court up to $15,000. Over that - Common Pleas Court.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Ohio on
Q: If a company sold me a lifetime home warranty went out of business but then the owner went and opened a new business mus

If a company sold me a lifetime home warranty went out of business but then the owner went and opened a new business must he still somehow honor the warranty for my basement system? He now owns a foundation wall support co. but owned a basement waterproofing co. I contacted him but he was a... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 30, 2018

You may want to consider a suit under successot liability. He probably works from the same location, with same equipment and employees

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: if a new compamy buys our apartment do they have to stick with our contract or can they ask us to move?

The people who own the property where we live are selling the property to century 21, with it switching from silverheels to century 21 would they still have to honor our contract or could they make us move?

Joseph Jaap
Joseph Jaap
answered on Mar 29, 2018

If you have a signed lease, the new owner should honor the remaining lease term and rent amounts. But when it expires, they can offer a new lease on new terms, or not renew, and you would have to leave.

1 Answer | Asked in Communications Law, Contracts and Internet Law for Ohio on
Q: Lines of communication: Should a condo owner approach Board of Directors or management company with questions?
Joseph Jaap
Joseph Jaap
answered on Mar 29, 2018

Start with the contact person at the management company. If they can't help, they can pass the problem to the board, or suggest that you contact the board president.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: New commercial neighbor is a convicted rapist & sex offender w admissions of harming children. Does this count?

My landlord rented to a convicted sex offender w no background check. I informed him of this mans past. He’s been convicted of multiple indescent exposures, rape, pandering kiddy porn. He also admitted in a court doc to publicly masturbating near schools in hopes of being seen.

My only... View More

Matthew Williams
Matthew Williams
answered on Mar 28, 2018

R.C. 5321.14 is not going to help you. That concerns unconscionable terms in the lease agreement, not your dissatisfaction with the proximity of a sex offender.

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Has my leasing company breaking our agreement if I have no way of controlling my heat and the air.

We have steam heat . MIY valve has been stuck on high since october. The summer was no better..the air didnyp cool the entire aspaartment,.

Joseph Jaap
Joseph Jaap
answered on Mar 26, 2018

Send written notice to leasing company of the problem, then start paying your rent on time each month into escrow with your local court. Check the court web site for the process.

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: According to Ohio law, what exactly constitutes excessive landlord inspections on apartment, even if 24 notice is given.
Joseph Jaap
Joseph Jaap
answered on Mar 21, 2018

There is no specific amount. Here is what section 5311.04 says: "If the landlord makes an entry in violation of division (A)(8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant,... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: defaulted on land contract. Does she have the right to keep last 5 on time out of contract payments
Joseph Jaap
Joseph Jaap
answered on Mar 20, 2018

It depends on what the land contract says about defaults and what remedies owner has. If buyer defaulted, then buyer might not have much of a legal basis to try to get those payments back. Buyer must retain a local attorney to review the land contract and all the circumstances and then advise of... View More

1 Answer | Asked in Contracts for Ohio on
Q: We rent townhome. I tested the basement after we moved in for radon. Used the company Pro-Lab. Found results 6.0 pCi/

It recommended that it be fixed if over 4.0pCi/L

Can I break the lease with this info?

Joseph Jaap
Joseph Jaap
answered on Mar 19, 2018

You can notify the landlord of the problem, then start paying your rent on time each month into escrow with the court, which will schedule a hearing. The court will determine if it is reasonable for landlord to take any corrective action, or if landlord refuses, the court can terminate your lease.... View More

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