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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts, Construction Law and Land Use & Zoning for Ohio on
Q: Can I get my house free or a lower price on the land contract due to repairs and problems the owner neglected to fix

Replaced water pump six to seven months after signing contract two of the wall heaters have caught on fire not to mention several other problems no insulation in crawl space, cracking foundation, and attached garage separating just to name a few the previous owner has signed all his properties over... View More

Joseph Jaap
Joseph Jaap
answered on Mar 14, 2018

Buyer and seller must follow the written terms of the land contract they signed for purchase and sale, including the purchase price. A buyer can notify the seller of problems and try to renegotiate, but the seller is under no obligation to agree to any changes. Use the Find a Lawyer tab to retain... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Discussed building a home with a builder. Can he charge me for time he spend with me when I decided not to build?

He hasn't begun the home at all. We were discussing the type of home we wanted. He provided us with a home plan we didn't like. He had us meet with his draftsman to possibly change some things, but we never made it to the stage of actually doing a final draft. He said he normally has... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 9, 2018

I would argue that he was in the process of sales. If he did not have you execute any agreement and did not tell you that would would be charged, then I do not think he can expect you to pay. There was no "meeting of the minds". If you left with building plans I believe he may be able... View More

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Can I amend a motion in Ohio

I filed a motion to have my case moved out of the courts and into arbitration as the contract dispute that I'm involved in says that any disputes must be resolved in arbitration. I noticed after reading over my motion that I made some minor errors mostly clerical errors. Can I just file an... View More

Matthew Williams
Matthew Williams
answered on Mar 8, 2018

You can file an amended motion. Although, for typos and the like it isn't really necessary. You generally file a motion for leave to amend with the amended motion attached.

1 Answer | Asked in Contracts for Ohio on
Q: OH-I signed & Owe $3000 debt from my ex's bike. He signed & notarized a doc assuming the debt. Is this document legal?

I financed this bike using 2 separate financial agencies. One agency was paid off, the second the bike went to repo. While I was out of the country, my ex. stopped paying the motorbike payments in 2010. A third party company purchased the debt in 2014 and are now contacting me. My ex did sign and... View More

Joseph Jaap
Joseph Jaap
answered on Mar 7, 2018

The signed/notarized agreement with your ex might allow you to collect from him, but it has no effect on your debt to the finance company. They can collect that from you. Then it is up to you to try to collect from him.

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Ohio on
Q: my girlfriend broke up with me before paying me back for a vacation we took together. How can I get my money back?

In 2012, we went on vacation and I covered her half of $10,000 total. She was supposed to pay me back when we returned home. She dumped me before I received a dime. When I asked about the money, she threatened to call the police and put a restraining order on me. It has been 6 years. Do I have any... View More

Joseph Jaap
Joseph Jaap
answered on Mar 5, 2018

Small claims court can handle a claim up to $6000. If more than that, you file a claim in municipal court. But you might have waited too long. The time limit on your claim might be 6 years. Use the Find a Lawyer tab and retain a local litigation attorney.

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Ohio on
Q: My old roommate owes me $2500 after I covered our rent and utilities when he couldn't afford it. How can I get my money?

It has been 3 years since we lived together. He has not made one attempt to pay me back. He has declared bankruptcy for dealing with debt in other areas of his life (car payments, IRS).

Joseph Jaap
Joseph Jaap
answered on Mar 5, 2018

Small claims court can handle a claim under $6000. But his bankruptcy might have terminated your claim. Use the Find a Lawyer tab to consult a local collection attorney.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Ohio on
Q: Do you still owe a judgment that is more than 10 years old?

An account was sent to collections and a judgment was entered against me in 2008. I have never made a payment and I was disabled at the time of the judgment and remain disabled currently. Can the agency garnish my part time wages? Am I still liable for the debt?

Joseph Jaap
Joseph Jaap
answered on Mar 1, 2018

Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you, and dal with the credit agency.

1 Answer | Asked in Contracts, Small Claims and Landlord - Tenant for Ohio on
Q: Do I have a winning case here?

I lived in an apartment with a couple from June 2017-September 2017. Our lease is up in late May or early June of 2018. Things turned hostile in the apartment and I felt scared and threatened so I moved out. I have video evidence of my male roommate threatening me along side his girlfriend who was... View More

Joseph Jaap
Joseph Jaap
answered on Feb 28, 2018

You prove your case with admissible evidence and testimony. You should retain an attorney to review the facts and what you might submit as evidence and testimony, and then evaluate the likelihood of your success. There is no way to guess about your likelihood of success in a case, and no attorney... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: I signed a one year contract with my ex boyfriend. He moved out a month later. Is my contract now invalid?

Landlord is saying contract is invalid and is wanting me to sign a monthly contract in its place so she can sell the trailer and I'll have to move.

Joseph Jaap
Joseph Jaap
answered on Feb 22, 2018

An attorney would have to review the contract to be able to determine if the contract is valid or not. Use the Find a Lawyer tab to retain a local real estate attorney.

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: Can my brokerage enforce this? See details.

My employer/brokerage had us all sign a new contract today, I thought it was the same as the original one I signed when I started employment because they didn't state any changes.

One of the new stipulations under the contract is that if I am terminated/quit I cannot practice real... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 20, 2018

Covenants not to compete or non-competition clauses are disfavored by the Courts in Ohio. They are enforceable but are seen as a restraint of trade. First, there has to be consideration. Allowing you to remain employed in an at will position is sufficient consideration. Second, the restriction... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: If I moved with my so called gf/bd then In july and was put on the lease as of September 2017 as a renewed lease with gf

Bf but then moved back home..: I still have stuff their and still have a key. Gfbf was paying the rent the whole time and I never agreed to pay any rent. Due to my job I was barely at the residence for 7 days the most out of a month. Can the gfbf after a break up sue me for half the rent if I never... View More

Joseph Jaap
Joseph Jaap
answered on Feb 19, 2018

Anybody can sue anyone for anything. But they only win if they have evidence and a valid legal claim, as determined by the court. Either work it out, or if she sues, use the Find a Lawyer tab to retain a local attorney to defend you.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: On a joint car loan, is there a way to legally exempt someone from being financially responsible for the loan.

My partner and I purchased a vehicle about 6 months ago but now she is going her separate way, and in order to secure a mortgage for a place of her, I need to remove her from the loan. I cannot get the loan refinanced in only my name, so an FHA mortgage person she is working with told her that as... View More

Joseph Jaap
Joseph Jaap
answered on Feb 19, 2018

You both could sell the car. That would end the loan. The mortgage broker would have the best alternate suggestions.

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Rental agreement has a "Validity of each part" clause. What does that mean?It states:

"If any portion of this agreement is held to be invalid it's invalidity will not affect the validity or enforceability of any other provision in this agreement."

Joseph Jaap
Joseph Jaap
answered on Feb 14, 2018

If the lease is challenged in court, and the court throws out one provision, instead of the entire lease being invalid, the rest of the lease will be enforced.

2 Answers | Asked in Civil Litigation, Bankruptcy, Contracts and Landlord - Tenant for Ohio on
Q: My boyfriend rented an apartment and signed a lease ...I live with him but not on the lease ...I never signed lease

The landlord is evicting us both...my boyfriend filed Chapter 7...so now Landlord is filing to make me pay...Because I’m not in bankruptcy ...what will happen?...will this effect my credit ?...will I have to pay back rent?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 13, 2018

If you did not sign the lease, then hard to hold you liable. Check with local counsel

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1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Landlord trying to charge me fee for breaking lease though contract doesn't state that.

I currently rent an apartment and want to break the lease. Contract says nothing about fee for breaking lease. Landlord telling me if I don't sign new contract saying I will pay until the find someone that I can't get out of lease. Is this legal?

Joseph Jaap
Joseph Jaap
answered on Feb 12, 2018

Yes, it is legal. The lease is a contract. If you want to break it early, then the landlord can set the terms for you to do that. If you leave, landlord can sue you for unpaid rent until a new tenant moves in.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I have a land contract ,it says verbatim:Principle and interest+taxes +insurance= $895.80 Is this the total monthly?

Im in a land contract. I am certain I'm to pay 895.80 a month and i believe that's what the contract states however I'm being told I'm wrong by the current owner of this property.

Joseph Jaap
Joseph Jaap
answered on Feb 5, 2018

Use the Find a Lawyer tab to consult a local real estate attorney to review the land contract terms and advise you. What you pay, depends on all the written terms of the land contract.

1 Answer | Asked in Business Law, Contracts and Employment Law for Ohio on
Q: Does a 50 mile, 3 year, do not compete contract hold up in court? In regard to training (Barista training)
Joseph Jaap
Joseph Jaap
answered on Jan 31, 2018

Probably not - but only if it went to court, and the court decided in your favor. But a new employer might want to avoid the potential problem and refuse to hire you, or fire you if the other employer notifies them. Use the Find a Lawyer and retain a local employment law attorney to review the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: I just signed a lease for an apt do I have a right is recission for 3 days in Ohio?

I'm moving from Pa to Oh. The apt was nasty and not move in ready. So I went back to Pa. They said they would clean it but I'm having a bad feeling about the place.

Joseph Jaap
Joseph Jaap
answered on Jan 29, 2018

Send them a letter saying they breached the lease by not providing it in livable condition and you are terminating the lease. It is doubtful they would sue in PA, but they could. And they could file an adverse entry on your credit record, lowering your credit score and making it more difficult to... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: shared bedroom off campus. Roommate just informed me that her boyfriend will be coming to stay most weekends. Rights?

Bedroom permitted by city inspector for 2 occupants (me and roommate). Do I have any legal right to privacy and ability to enjoy my bedroom without her guest being there?

Joseph Jaap
Joseph Jaap
answered on Jan 24, 2018

Check your lease. Talk to landlord. Report it to city. If roommate won't keep him out, then it would be possible to go to court about it. But he really wouldn't be a tenant who can be evicted. And it would probably have to be the landlord who would seek an eviction.

1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: I signed a contract for basement finishing. Can I fire the contractor and get money back even though some work is done?

I signed a contract with local basement finishing company back in June of 2016. Per contract, work was to begin in 4 weeks and finish in 4-6 weeks after it starts. After several follow ups, work started in Oct. Since then until today (in almost 4 months) only about 30% work has been completed. The... View More

Joseph Jaap
Joseph Jaap
answered on Jan 22, 2018

You can send the contractor a notice of termination and demand return of the remainder of excess funds already paid. If contractor will not return them, then you can sue in small claims court up to $6000, or in municipal court up to $15,000. Use the Find a Lawyer tab to consult a local... View More

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