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Ohio Contracts Questions & Answers
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
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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.

1 Answer | Asked in Business Law, Contracts and Insurance Defense for Ohio on
Q: House was damaged while under contract and lost value in sale, can home insurance company be held liable?

While under contract for sale, pipes froze and burst causing extensive damage (we had already relocated so it was not caught immediately.) The buyer went through with the sale but at a $25k reduction in price. Can I ask my home insurance company to compensate me for this loss in value?

Joseph Jaap
Joseph Jaap
answered on Dec 30, 2022

Whoever owned the home at the time of the damage turns in a claim to their insurance company.

1 Answer | Asked in Consumer Law, Contracts and Banking for Ohio on
Q: Are down payments illegal? If so can I get my money back?
Matthew Williams
Matthew Williams
answered on Dec 23, 2022

Down payments are not illegal. They are legal and ubiquitous.

1 Answer | Asked in Contracts and Business Law for Ohio on
Q: If an Ohio corporation does not have bylaws, does Ohio code detail how stock sales are to be conducted?

Do stock transfers then have to be recorded on the shareholder ledger?

What if some of the original stock certificates have been lost?

Do company officers have to sign off on the transaction?

Joseph Jaap
Joseph Jaap
answered on Dec 19, 2022

Ohio Revised Code Chapter 1701, https://codes.ohio.gov/ohio-revised-code/chapter-1701, provides the legal framework for an Ohio for-profit corporation, and specifies procedures for issuing and transferring stock, which should be recorded in a ledger or other records of the corporation by the... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Ohio on
Q: I live in Ohio my property manager is trying to make me pay utilities that my lease says are covered by the landlord.

Is she allowed to do that when my lease clearly states “this is a utility y by the landlord”. My lease isn’t up until 4/30/23. Shes saying that there is new management and that she gave us a 30 day notice so we have to pay. Is this correct? I thought my lease was a binding agreement that... View More

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

Some property managers act improperly. They sometimes demand that tenants make a payment not required by the lease. If you don't pay it, she could file to evict you. You could then take your lease to court, and if your lease does not require you to pay it, the judge could dismiss the... View More

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Ohio on
Q: My grandmother gave her house to her first born grandchild without a will just word of mouth. My father was suppose to

Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... View More

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... View More

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1 Answer | Asked in Business Law, Employment Law and Contracts for Ohio on
Q: I work for a company in Ohio that is requiring employees to pay for damages to company equipment. Is this legal?

I believe section 4113.19 prohibits deductions from employee wages; but are there any other sections that I can reference to help get a better idea of what’s legal?

Additionally, what constitutes an “express contract”? I’m sure the “contract” was somewhere in the mountain of... View More

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

The code section you've cited permits employers to deduct from wages for damages to company property, provided there is an express contract between the employer and the employee putting the employee on notice that he or she will be held accountable for damaged property and equipment. An... View More

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Ohio on
Q: I sold a mobile home to a guy, He paid me cash for it. We agreed it had to be moved off the property it is sitting on

The buyer got a permit and hired a company to move it.

The company came and took the wrong trailer. They brought it back.

Then they called the buyer and told him that the trailer he bought was unsafe to move.

The trailer I sold to buyer is in better shape than the trailer... View More

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2022

He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... View More

1 Answer | Asked in Contracts for Ohio on
Q: fuel oil delivered to my son's house without being requested. I called for pricing only.

I do not live there or have any connection to the property. The bill is for 1.2k. I called them back that day & told them I did NOT request delivery & that they needed to come back & remove the product. The bill is for $1.2k made out to my son & his wife. They should not be... View More

Joseph Jaap
Joseph Jaap
answered on Oct 17, 2022

The company could claim that you authorized it. But they would have to prove that in court. For that amount, it is unlikely they would go to court. But they could place a lien against the property, and turn it over to a collection company. Call them and try to work it out. If your son will... View More

1 Answer | Asked in Banking, Contracts and Bankruptcy for Ohio on
Q: How can I back out or cancel a Hvac company/Wells Fargo contract after months or years have passed?
Timothy Denison
Timothy Denison
answered on Oct 17, 2022

Most likely you cannot unless there has been a breach or it has a termination clause.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: The property was sold under land contract. I have lived here 11 years verbal agreement that I stay but now buyer renig .

Contract written in the state of Ohio, land is in Kentucky now the buyer wants me to vacate the premises but the seller said I could stay with the buyer sitting right there with them verbal agreement. Who has legal authority to affect me the buyer or the seller ? thank you

Moshe Toron
Moshe Toron
answered on Sep 23, 2022

It seems you cannot enforce the verbal agreement.

Here are 3 reasons:

1) There was no consideration for the verbal agreement. In other words, you were promised the right to stay, but you did not say if you gave anything in return, which is also known as "consideration" or...
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2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: In Ohio can you ask a contractor for receipts from subcontractors?

The contractor told me it is illegal to share receipts with me in Ohio. Is this true?

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Yes, you can ask for receipts. No, it is not illegal to share them. But it depends on what your contract with the contractor says. The contractor might still refuse to share them. If there is a dispute over payment to the contractor, then use the Find a Lawyer tab to retain a local construction... View More

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1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Is it against the law to force someone to sign the deed to their home over to them?

I applied for mortgage assistance in which I could skip some payments and have them rolled to the end of my mortgage. I was approved and skipped about 11 payments. The lender needed my wife and I to sign papers to make it official. My inlaws told my wife to not sign those papers. Despite my... View More

Joseph Jaap
Joseph Jaap
answered on Sep 13, 2022

The in-laws aren't forcing you to sign, they are offering a choice - you can either sign (and then rent from them or move elsewhere), or allow the foreclosure to proceed and you would be evicted by the new owner or you could try to rent from the new owner. Or the in-laws could purchase it at... View More

1 Answer | Asked in Contracts for Ohio on
Q: We sold a car to a family friend and now not getting paid.

OHIO, So my boyfriend had a car and my mom's friend needed a car. He put a lot if money into it as she promised she would pay him (in payments) for the car. He wasn't even. Asking for the full total of how much he had spent on it getting it reliable for her to drive. He didn't get... View More

Jennifer Nicole Brown
Jennifer Nicole Brown
answered on Sep 6, 2022

The potential answers to your question depend, in part, upon some facts not included in your summary. In Ohio, the Certificate of Title is evidence of ownership pursuant to Ohio Revised Code 4505.04.

Did your husband transfer title to the vehicle to the new owner, or is the title...
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1 Answer | Asked in Animal / Dog Law, Contracts and Real Estate Law for Ohio on
Q: If I am moving into a condo with a service dog larger than the HOA allows, is it legal for them to demand proof of pet?

We do sign the HOA contract, it does allow for service pets, so if I have a mastiff (way over the allowed size) (I am in Ohio btw) and I register it as a service dog or emotional support dog, can the HOA take legal action or demand that I show legal proof of my pets training and certification

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2022

The HOA can require confirmation of the status of the animal, and the HOA might be able to have the animal removed if the HOA went to court and the court determines that the size restriction is reasonable, even for a service animal.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Collections for Ohio on
Q: My dad passed away a year ago, what happens if i stop paying for his storage unit.

I have been paying for the units for over a year but they are not in my name nor did i sign any rental agreement i just took over payments. I have full access to the account. Will it hurt my credit or go to collections for me if i just stop paying for them

Aaron Epling
Aaron Epling
answered on Jul 29, 2022

If you're not a party to the contract with the storage unit company, then I don't believe you can be held liable under any of its terms.

2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Are promissory notes legal if my signiture is not on it. Nane is printed but where it says signiture its blank?
Joseph Jaap
Joseph Jaap
answered on Jun 30, 2022

An oral contract for the loan of money is enforceable in court. The promissory note could be introduced in court as evidence of the terms of the loan along with oral testimony that the money was loaned and received by the borrower with the borrower's promise to repay it.

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1 Answer | Asked in Contracts for Ohio on
Q: Was offered relocation from my existing job. The letter Effective Date was 8-15-21. The letter outlined new role and

Said relocation policy rules attached. I signed it 8-20-21. The HR Dept received 9-10-21. I asked about why relocation 3rd party had not contacted me on 10-14-21 and they sent me a separate relocation document “Relocation Agreement”. So, I signed it and returned immediately. I’m... View More

Rebecca Hill
Rebecca Hill
answered on Jun 20, 2022

You should have the relocation agreement reviewed by an attorney. Sometimes employment agreements with incorporate other documents or company policies into the agreement by reference. Whether the general relocation policy is superseded by the relocation agreement you signed later is not something... View More

1 Answer | Asked in Contracts for Ohio on
Q: I recently signed a roofing proposal for a company to replace my garage roof in Ohio 2 days ago. Can I cancel contract?

I have not paid any money to the roofing company yet. I know Ohio has some type of Buyers Remorse Law. So, I am really just curious if I can just cancel this roofing contract without any legal ramifications?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Most likely the Home Solicitation Sales Act would apply, and it requires the contract to provide you with notice of your right to cancel. The contract should also provide you with a form Cancellation. Send that form in to cancel.

If no notice given then you can cancel at anytime, but...
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1 Answer | Asked in Contracts for Ohio on
Q: Is my HOA contract still valid and do I need to continue to pay annually?

My HOA declarations list the incorrect county and the "city guidelines" around design elements are based on the WRONG city. The board voted to amend but because of verbiage in the contract, we need a vote from 75% of the lots. That failed, and now no changes can be made. Because of these... View More

Joseph Jaap
Joseph Jaap
answered on May 16, 2022

If the HOA declaration was properly recorded in your county recorder's office, then until somebody sues the HOA in court, and a court rules the HOA declaration invalid, the HOA can enforce it. A court would probably consider the wrong city/county as a mere drafting error that is not... View More

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