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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: In Ohio after I sign a contract to buy a home and escrow has started is there a window of time where I can pull out?

I signed a contract to buy a home in Ohio contingent on my parent putting down money for the down payment. Somehow the bank started escrow without receiving any money, and my parent has pulled out. I don’t have a loan that will cover the cost of the house and can no longer buy it without my... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

Check the verbiage in your purchase agreement. Specifically, see if there is a contingency on affordable or your ability to obtain financing. You didn't mention this in your question, but what is the $5k number for? My guess would be that it is earnest money; some purchase agreements will... View More

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: I'm listed 10% owner of LLC that files as an S-Corp. Form 2553 lists the breakdown of ownership. The 51% partner sold

the company privately for an undisclosed price and now wants to "make me whole" by making 20 payments of $500 or $10,000 total to compensate for my 10%. That would mean the company is being valued at $100,000--equal to the salary of a current employee.

I can't accept this... View More

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2023

Your rights as a minority 10% owner are determined by the LLC's Operating Agreement and any buy-sell or other agreements. Use the Find a Lawyer tab to retain a local business law attorney to review those agreements and advise you of your options.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Ohio on
Q: in Ohio, are HOA's allowed to charge finance charges? they are not a lender or creditor and yet i was charged $3.12

i was late one month and was charged a late fee of $25 which i understand is ok, but also a finance charge. there are no terms and conditions stating this charge and they are not a lender that i am borrowing money from. is this allowed and if so, why?

Joseph Jaap
Joseph Jaap
answered on Aug 7, 2023

If the full amount owed to the HOA, including finance charges, is not paid, then the HOA can record a lien and foreclose it if not paid. The judge would decide if the finance charge is allowable based on the HOA declaration and any actions taken by the HOA board of directors to implement finance... View More

1 Answer | Asked in Contracts for Ohio on
Q: Dear [Lawyer's], I hope this message finds you well. I am writing to seek your immediate legal advice and represen

There were no contract between me and the customer,

And the customer accusing me with theft and the customer been cussing on me and being racist and threatening all the time on messages and it’s all recorded.

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2023

An Ohio attorney could advise best, but your question remains open for a week. You are seeking representation, but attorneys here can't reach out to you. The format of this Q & A forum is not geared for solicitation or referral. You'd need to contact attorneys on your own. In addition... View More

1 Answer | Asked in Consumer Law, Contracts, Family Law and Adoption for Ohio on
Q: We were told getting licensed to foster/adopt was free, but now we're being charged. Please see the details.

We took training to foster to adopt. We took all of the training, did everything that was asked of us, and read everything before signing anything. They told us that we are licensed through the state of Ohio to foster to adopt. We have located several children that are up for adoption in other... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2023

Write the caseworker from Children Services and ask if you might qualify for a waiver based on income. It sounds like your issue is with a private provider rather than a state agency based on the facts of your question.

1 Answer | Asked in Contracts for Ohio on
Q: My contractor has not been to my house to finish basement in almost a year. Now they won’t answer my text messages

We signed contract in Feb 2022. He told us it would be finished my summer time. We do not have an end date on contract. We have paid them almost $35,000 and only half is done. Been texting them for 2 months and no response. Can I now tell them that is abandonment of job and request money back or... View More

Joseph Jaap
Joseph Jaap
answered on Jul 5, 2023

It might be difficult to find another contractor able and willing to get involved in the middle of the job and complete it. Another contractor might be no better. Use the Find a Lawyer tab to retain a local construction litigation attorney who can review the situation and advise you of your... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I have a land contract where since signing the agreement they have not a payment and refuse to communicate.

I know I am jumping the gun here but with no communication whatsoever or responding to certified mail request, I wanted to know ahead of time what I will need to do. I am concerned due this being the first payment, no response from them in any way, and them ignoring requests from their realtor I... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 24, 2023

Default may be defined by your land installment agreement. Assuming for a moment it is not, it would be any failure by a patch to fulfill a duty under that agreement. If they are late they are in default. You may exercise your statutory rights. Contact an attorney who regularly practices... View More

1 Answer | Asked in Contracts for Ohio on
Q: I have a question about getting paid for services under a old contract that i was never paid for. Contract is in Ohio
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2023

An Ohio attorney could advise best, but your post remains open for two weeks. Something may have gotten left off here - you could try reposting and adding a question. Do not include personal information, since this is a public forum. Good luck

1 Answer | Asked in Bankruptcy, Contracts, Civil Litigation and Communications Law for Ohio on
Q: How can get my ex off the title of my car?

My ex and I bought a car together. I make all the payments, pay for the insurance and keep up on all maintenance. I am still making payments on the car to this day but I no longer live in the same state as when we purchased. The title is MI and I live in OH. He has since filed for bankruptcy and is... View More

Timothy Denison
Timothy Denison
answered on Jun 16, 2023

File a motion to have him execute the title in your divorce case as he has been relieved of liability for it by virtue of his bankruptcy.

1 Answer | Asked in Car Accidents and Contracts for Ohio on
Q: How long do I have wait for a car repair to be fixed , based off a insurance claim? It's been 10 months

My car was stolen, recovered and I am still waiting for my car to be repair. Theft was in Sept 2022, car was sent to auto repair shop in 11/2022, they didn't know the car was on the lot until 03/2023, still waiting for my car and it is 06/2023 and I have still been paying car notes and car... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2023

This question can only be answered based upon reading whatever contract you have with the auto repair shop.

In most situations, if the auto repair shop isn’t fixing your car quickly enough for you, you should pick up the car and take it to a different auto repair shop.

But, if I...
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1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: I would like to fire my contractor for not completing a job in a reasonable time frame.

We were told the job would be done in Feb 2023, It is now June and we are still being delayed and not scheduled. Our contractor has been "scheduling" dates to start for months but then reschedules the day before, most times without notifying us unless we reach out to them. I asked to... View More

Nicholas P. Weiss
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answered on Jun 8, 2023

Under Ohio's consumer sales practices act, it is a deceptive act for a supplier (the contractor) to allow 8 weeks to elapse without services being rendered. O.A.C. 109:4-3-09.

If the contractor messes this up, they are liable for three times your damages (amount paid) plus reasonable...
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2 Answers | Asked in Contracts for Ohio on
Q: If I signed a contract with a company for exterior home improvement, how long do they have to do the work?

The paper stated that I had three days to cancel.

Nicholas P. Weiss
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answered on Jun 7, 2023

Under Ohio's consumer sales practices act, it is a deceptive act for a supplier (the contractor) to allow 8 weeks to elapse without services being rendered. O.A.C. 109:4-3-09.

If the contractor messes this up, they are liable for three times your damages (amount paid) plus reasonable...
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2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Todd B. Kotler
Todd B. Kotler
answered on Jun 2, 2023

Debts incurred during the marriage are presumptively marital debts. Parties may agree to treat them differently or in the case of a divorce a party that did not incur the debt may make an argument as to why it should be treated as a separate debt. Factors may include the circumstances around the... View More

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How long can a contractor take to bill me?

Had roof done on 5/5/22. City inspector found out they didn't have permit. They apparently have an issue with getting the permit and still do not have it. This has been over a year now. I have the money waiting to pay them and am of course willing to pay them if they ever get their legal... View More

Nicholas P. Weiss
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answered on Jun 6, 2023

They can bill you whenever. If there was a written contract then they have six years from the last date of work performed to bring a claim against you for non-payment.

If they were required to get a permit, and didn't, then you have a strong claim under Ohio's Consumer Sales...
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1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: If I have a lease that renews yearly per the lease which will renew on the 1st of May can I ask to move to monthly lease

It is my intention to move within the next 6 months but my lease renews for a year on the 1st of May. Can I advise landlord in writing that I do not wish to renew a year lease and would prefer to move to a month-to-month basis while I am looking for a new residence. It is possible that I may move... View More

Joseph Jaap
Joseph Jaap
answered on Mar 31, 2023

You can ask, but the landlord does not have to agree to month to month. If it renews automatically for another year, then you might not be able to break it if you have to move. You might ask landlord to include an early termination in which you would pay some extra amount to terminate, but... View More

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Andrew Popp
Andrew Popp
answered on Mar 7, 2023

I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... View More

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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Is the HOA able to increase fees by 10% without membership vote? The fees would have been increased 20% in 2 years.

Fees have not seen an increase since 2017 and in the last 2 years, we will have had a 20% increase based on "budgetary needs". Is it required to have a membership vote to proceed?

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

The HOA Declaration of Covenants and Restrictions specifies the process for the HOA to change the amount of the assessment and if a vote is required. Review the HOA Declaration for the requirements and talk to the HOA management company or the HOA board members.

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: if I signed a noncompete 5 years ago&changed roles in company is it still in place if promises were broken w/ new role?
Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

An attorney would have to do a full review of the noncompete, the circumstances, and related facts to determine whether the agreement remains enforceable and to what extent. Even if the employer has broken promises, they could still force you into court trying to enforce the non-compete. So... View More

1 Answer | Asked in Contracts for Ohio on
Q: How would a blackmail contract work? Would it be legitimate and legally bounding?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2023

No. That would be an illegal and unenforceable contract.

1 Answer | Asked in Contracts for Ohio on
Q: Are both parties required to provide a mailing address to make a contract valid and enforceable?

We are trying to contract with an illustrator. Our CEO is insistent that we require the illustrators physical mailing address for the contract to be valid, the illustrator is only offering us his email at this time.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2023

It can be valid without an address. I agree with your CEO though that you should require a physical mailing address in the contract. If the contract is breached and you need to sue then you will need their address to start the lawsuit.

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