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Ohio Business Law Questions & Answers

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Ohio on

Q: Can you take someone to court for selling you a motorcycle with just a bill of sale and no title?

I sold a guy a motorcycle with just a bill of sale, title came in the mail days after the sale was made. He's threatening to take me to court because he has received the title I mailed him because he started to get hostile with me.

Bruce Alexander Minnick answered on May 21, 2019

Unless you surrender the title the prospective owner will probably sue you.

1 Answer | Asked in Business Law, Identity Theft and Real Estate Law for Ohio on

Q: adisneyworld.com is my domain name. can i use this domain name for amazon affiliate marketing?

Joseph Jaap answered on Apr 22, 2019

Disney is likely to sue you for trademark infringement, which could allow them to collect damages and their attorney fees from you. Use the Find a Lawyer tab to talk to a local trademark attorney before using that domain name.

1 Answer | Asked in Consumer Law, Business Formation and Business Law for Ohio on

Q: I bought a car through a dealership, A, and I make my official car payments to loan group B. Can A repo my car?

I bought a car through a dealership, A, and I make my official car payments to loan group B. I did not have enough money at the time for a down payment, but worked out a monthly plan with A while still making payments to B. So thats $420 to A, monthly and another $226 to B, monthly. I had about 3... Read more »

Joseph Jaap answered on Apr 9, 2019

If the car dealership has a valid lien on the vehicle for the amount you owe, then it could repossess the vehicle. Try to work it out with the dealer.

1 Answer | Asked in Contracts and Business Law for Ohio on

Q: I am trying to obtain a copy of Case# 2:2018CV01223. I am not a lawyer so how can I go about this?

Joseph Jaap answered on Mar 15, 2019

Check the court web's site for case search. Enter the case number. Or call the court.

2 Answers | Asked in Divorce, Criminal Law and Business Law for Ohio on

Q: If your wife signs her company over to one of her affiliates for free then files divorce do you have legal recourse?

I helped my wife start a company and completely carried it financially from my wages. The company was in her name solely as an llc. We live in a communicative property state (Ohio). The company has recently got to where it has the connections and is begging to gain contracts and become profitable.... Read more »

Joseph Jaap answered on Mar 1, 2019

Yes, you have legal recourse in a divorce. Marital assets are subject to division, including assets improperly transferred. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the details and advise you of your options.

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1 Answer | Asked in Contracts and Business Law for Ohio on

Q: Do church Members have the right to see their Minister's contract?

Our congregation is very unhappy with the Minister because he has not upheld the terms of the original contract he signed four years ago. He re-wrote his own contract, without input from the Board, and refuses to show it to Members of the congregation who have asked to see it.

Joseph Jaap answered on Feb 4, 2019

If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Ohio on

Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak

Neil Klingshirn answered on Jan 27, 2019

First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Ohio on

Q: How can we submit response filings in OH if we are located in CA?

We need to file production of documents and interrogatories and we do not have OH representation.

Joseph Jaap answered on Jan 3, 2019

Your counsel in CA should be able to handle that, or you can retain local OH counsel to assist with the filing. Use the Find a Lawyer tab to retain a local litigation attorney in OH where the lawsuit has been filed.

1 Answer | Asked in Employment Law and Business Law for Ohio on

Q: What happens to a business if the sole proprietor goes to prison for sexual misconduct with a minor?

I have been managing the business for 7 years and would like additional advice on how to legally take ownership of the business if he gets incarcerated. No charges have been filed yet, but I would like to keep my job, as well as keep the jobs of all the other employees who work there.

Matthew Williams answered on Nov 14, 2018

Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.

1 Answer | Asked in Business Law, Contracts and Small Claims for Ohio on

Q: Can i sue in small claims court for money someone "owes" me in purchase agreement plus the max $6000 you can sue for?

They have breached the contract completely to buy a small business, business and taxes are in good standing, the purchase agreement has been signed, and they are still promising they will pay even after the extension we gave past closing date. They have caused a lot of damage, the contract does not... Read more »

Joseph Jaap answered on Nov 13, 2018

The maximum award in small claims court is $6000. In municipal court it is $15,000. Beyond that amount, or for specific performance, it is Common Pleas Court.

2 Answers | Asked in Copyright, Bankruptcy and Business Law for Ohio on

Q: As an officer of a 501c4 corporation am I personally liable for a copyright infringement by the corporation

The debts (loans by me) of the corporation far exceed the assets of the corporation and the corporation cannot pay the requested settlement fee.

Joseph Michael Romano Esq answered on Oct 31, 2018

Can't even answer without knowing more. Please call to set up an appointment.

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1 Answer | Asked in Business Law and Small Claims for Ohio on

Q: I own and operate a HVAC Service and Repair Business. I did some work for a couple on 1/31/18. In their home.

I replaced a part in their furnace the next day to restore their heat and billed them for it. No answer to any invoices I found out the couple filed for divorce I contacted the husband initially and he said the wife is responsible for the billing. I continued billing both via us mail until... Read more »

Joseph Jaap answered on Aug 6, 2018

Sue both in small claims court. Check the court web site for the forms to file.

1 Answer | Asked in Business Law for Ohio on

Q: Can the owner of a business, say a coffee shop or restaurant, have a rule that uniformed officers are not allowed in?

I understand that a police officer would be able to enter for law enforcement reasons, such as to break up a serious fight or to serve a warrant, regardless of what rules the business owner has. I just want to know if a business owner would be allowed to put up a sign to refuse uniformed or on duty... Read more »

Joseph Jaap answered on Jul 9, 2018

A business owner can put up a sign that meets local sign regulations. It can probably exclude police officers, but could face a negative public response for doing it.

1 Answer | Asked in Business Law and Tax Law for Ohio on

Q: I bought a condo for my daughter to live in during college.(owned under my LLC) Would it benefit me to list her as

an employee of my LLC and pay her as a site manager since it is a 4 bedroom unit and i will have at least 2 others paying rent?

Eric Steven Day answered on Jun 5, 2018

It seems that if you paid her (a deduction) so that she could pay you rent (income), there would be some sort of wash there with the income offsetting the deductions. The way this might benefit you, is this could then be treated as a rental and you would be able to depreciate the property.... Read more »

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 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... Read more »

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Ohio on

Q: How do my husband and I create a 2 person member LLC for a rental property?

We are not running it like a true business, we have no employees, just collecting rents. It appears there are different rules for a community property vs. non-community property state (Ohio). We are just wanting something simple not having to create a partnership or joint venture, is this possible?... Read more »

Joseph Jaap answered on Apr 5, 2018

An Ohio LLC can be created on-line with the Ohio Secretary of State. But you should retain a local attorney in OH to discuss setting up and operating the LLC properly and property ownership. You also should consult your tax advisor regarding the different options that can be elected for federal... Read more »

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... Read more »

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 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... Read more »

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 Tax Law, Business Law and Employment Law for Ohio on

Q: company A transfers money from Company B into Company A's bank account #1 and then Company A transfers that money back

to company B's bank account #2 as a loan. is that legal? what would be a reason? I asked the president of the company and he said for me to just do what I am told. I don't feel comfortable with this.

Joseph Jaap answered on Mar 20, 2018

Who is telling you to do that? If it is the company's attorney or accountant advising you to do this, get a second opinion if you are uncomfortable. As president, you have certain fiduciary duties under Ohio law, and so the company should have both an attorney and a tax adviser to provide... Read more »

2 Answers | Asked in Business Law for Ohio on

Q: My wife and I started an LLC a few years ago to do some real estate investing. Can we change what the business does?

We want to expand to general and electric contracting (I am finishing my electrical contracting license this year). Is amending the LLC or a Doing Business As and changing the name allowed, or do we need a new LLC?

Joseph Jaap answered on Mar 7, 2018

There can be many reasons for creating a new LLC to conduct a new business activity. Use the Find a Lawyer tab to retain a local business law attorney to review your situation and plans, and advise you. You also should consult a business tax accountant, and a business insurance adviser.

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