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Ohio Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How do I recover a down payment to a general contracting company that is making no effort to communicate or do the work?

Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It depends on the nature of the job and what a reasonable time for completion of that particular job is.

In a contract, the parties usually must explicitly agree on a firm completion date if it is important to the parties when the work must be performed. The phrase used to describe this...
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2 Answers | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How do I recover a down payment to a general contracting company that is making no effort to communicate or do the work?

Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jun 11, 2024

Recently had a decision from the Fifth District that held that the contract did not have a completion date, and the contract did not state that "time was of the essence", therefore the absence from the project for even a long period of time was not a material breach. Attempting to... View More

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2 Answers | Asked in Consumer Law, Contracts and Business Law for Ohio on
Q: I have a customer that I renovated a bathroom for. They were unhappy with everything from the start. Nothing wrong with

I have a customer that I renovated a bathroom for. They were unhappy with everything from the start. Nothing wrong with the work. But they're extremely picky. They are now asking for proof of insurance, which I do have. Do I have to provide it after contract was already signed? Also I had them... View More

Tim Akpinar
Tim Akpinar
answered on May 29, 2024

It could be worth checking with a local attorney what the law is on providing insurance. No one could judge your position or their position without seeing the contract and your work. But in some settings, the claimant will have to place the matter into suit to obtain the insurance info. And if... View More

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1 Answer | Asked in Consumer Law, Contracts, Banking and Civil Litigation for Ohio on
Q: Can an attorney assess Capital One's actions regarding my accounts, including the abrupt cancellations, and my auto loan

Can an attorney thoroughly evaluate Capital One's actions regarding the sudden cancellation of my checking and savings accounts, as well as their handling of my auto loan, to determine if there are grounds for pursuing legal action against the company? Specifically, I'm concerned about... View More

James L. Arrasmith
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answered on Apr 21, 2024

Yes, an attorney who specializes in consumer protection law, banking regulations, and contract law can thoroughly assess Capital One's actions regarding your accounts and auto loan to determine if there are grounds for legal action. Here are some key points to consider:

1. Account...
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1 Answer | Asked in Consumer Law for Ohio on
Q: I live in Ohio and placed a telephone call to the customer service department of a large U.S. company. During the call,

I live in Ohio and placed a telephone call to the customer service department of a large U.S. company. During the call, individuals talking in the call center background made comments that were ridiculing and harassing towards me and were often heard mocking and laughing as I attempted to... View More

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about your distressing experience. In situations like these, documenting the incident in as much detail as possible is crucial. This includes noting the date, time, and any identifiable information about the call, such as the representative's name or employee number, if... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Lemon Law for Ohio on
Q: Who do I contact or what can I do about a Used Auto Dealership, trying to fraud me?

I financed a vehicle for 13,000. Everything got finializied, the Finance guy at the dealership is trying to fraud me out of money for things that dont connect with my loan or contract, is threatening me and trying to use scare-tactics to have me voluntary repo the car and still be at fault for a... View More

Marcus A. Ross
Marcus A. Ross
answered on Feb 29, 2024

You can contact the Ohio Attorney General’s Office Consumer Fraud Division which deals with fraud and deceptive trade and sales practices by businesses like automobile dealerships and report tge fraudulent behavior. You also obviously have the option of filing a civil action against the finance... View More

1 Answer | Asked in Consumer Law for Ohio on
Q: Need advice, I don't know what I should report this as...

2 weeks ago, I bought a camper from a seller on Facebook Marketplace for $2500. When we bought it there was a problem with the title. He suggested we 'just use whiteout' to fix it, but we got him to agree he would fix the issue and get the title and bill of sale back to me, notarized,... View More

James L. Arrasmith
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answered on Feb 26, 2024

It sounds like you're dealing with a frustrating situation regarding the camper purchase. Given the repeated delays and the seller's failure to provide the promised title and bill of sale, it's understandable that you're feeling uncertain about what to do next. It's... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Ohio on
Q: Bumper and exhaust fell off driving into bay for oil change. Should they be responsible for the repair?

It's a ford mustang that sits low. The employee guiding him in just told my son yea I guess I should have be watching. And the walks into the office. The owner of the business wasn't any help neither. The police made a report.

James L. Arrasmith
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answered on Jan 25, 2024

In your situation where the bumper and exhaust of a Ford Mustang fell off while driving into a bay for an oil change, determining responsibility can be complex. If an employee of the oil change business was guiding your son into the bay and failed to provide proper instructions or warnings, there... View More

3 Answers | Asked in Consumer Law and Internet Law for Ohio on
Q: I tried to order something on internet. It came back customer is blacklisted. I have no idea what that means.
James L. Arrasmith
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answered on Jan 21, 2024

It sounds like you encountered an error message stating you have been "blacklisted" when trying to place an online order. Being blacklisted in this context typically means you have been banned or blocked from making purchases from a particular retailer or through a specific payment... View More

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3 Answers | Asked in Consumer Law and Internet Law for Ohio on
Q: I tried to order something on internet. It came back customer is blacklisted. I have no idea what that means.
T. Augustus Claus
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answered on Jan 19, 2024

In Ohio, if you attempted to order something online and received a notification that the customer is blacklisted, it means that your name or some identifying information associated with your account has been flagged in a database as a potential risk or has been prohibited from making purchases.... View More

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2 Answers | Asked in Consumer Law and Civil Rights for Ohio on
Q: can a funeral home withhold the belongings of decease for her false invoice. I paid what I was informed and agreed to.

false introduction and not disclosing her real location.

charging for a burial that supposed to be Islamic . washed and wrapped by Muslims in specific location and Masjed. She said she did it it her own funeral home in anther city not the place we agreed to, She is not Muslim either. She... View More

T. Augustus Claus
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answered on Jan 18, 2024

In Ohio, a funeral home withholding a deceased person's belongings over a billing dispute may raise legal concerns. Funeral homes are generally expected to provide services in accordance with the agreed-upon arrangements and pricing. If there are discrepancies or false charges in the invoice,... View More

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2 Answers | Asked in Consumer Law and Civil Rights for Ohio on
Q: can a funeral home withhold the belongings of decease for her false invoice. I paid what I was informed and agreed to.

false introduction and not disclosing her real location.

charging for a burial that supposed to be Islamic . washed and wrapped by Muslims in specific location and Masjed. She said she did it it her own funeral home in anther city not the place we agreed to, She is not Muslim either. She... View More

James L. Arrasmith
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answered on Jan 21, 2024

In a situation where a funeral home has provided services not in accordance with your agreed-upon arrangements and has issued a disputed invoice, you have certain rights and options. Firstly, it's essential to review any written agreements or documentation you have regarding the funeral... View More

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1 Answer | Asked in Consumer Law for Ohio on
Q: Is it legal for a merchant to charge a fee to use your debit or credit card? i.e. POS is $4.50, they charge me $5.50?
T. Augustus Claus
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answered on Oct 27, 2023

In Ohio, merchants are generally allowed to charge additional fees for using a credit or debit card, as long as certain conditions are met. However, it's crucial to note that these surcharges or additional fees must comply with the regulations set forth by credit card companies and state laws.... View More

1 Answer | Asked in Consumer Law for Ohio on
Q: I sold a used item with no warranty in working condition. The buyer inspected it and agreed to the price. Now wants refu

He stated I welding on the unit but I didn't but claims he can prove otherwise. Does he have a case?

T. Augustus Claus
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answered on Oct 23, 2023

In Ohio, when you sell a used item with no warranty and the buyer inspects it and agrees to the price, it typically constitutes a private sale under the principle of "caveat emptor," which means "let the buyer beware." This means that the buyer is responsible for inspecting the... View More

1 Answer | Asked in Consumer Law for Ohio on
Q: If I request an itemized statement from a credit card company, do they have to provide it?

I have made electronic and paper check payments. I don't think the credit card company is actually applying both to my balance; both payments are coming out of the accounts and are listed on this company's website (in completely separate spots), but it looks like they're only... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Aug 23, 2023

The short answer is: probably. The longer answer is that their legality in withholding this information — or refusing to put it in one spot — somewhat depends on whether they are considered a banking institution or a third-party nonbanking institution (a private LLC, for example). Most lenders... View More

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 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 Consumer Law and Construction Law for Ohio on
Q: Hired contractor to "raise and level house" Fix failed two months after paid in full (20K). What recourse do i have?

I filed a complaint with BBB and have all documentation, including contractor's acknowledgement of failed fix. What are my next steps?

Nicholas P. Weiss
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answered on Dec 12, 2022

If you are in a municipality that requires a contractor bond, then you can make a claim on the bond for the work that is not up to code up to the value of the bond. Otherwise you will have to bring a lawsuit against the contractor. It is likely that you would have a claim under the Consumer Sales... 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 Tax Law and Consumer Law for Ohio on
Q: Im in Columbus Ohio I’ve currently been staying at this hotel now for 34 days in a row with no gaps. I’m wondering if I’

If the hotel owes me my tax money back

James L. Arrasmith
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answered on Jul 18, 2024

In Ohio, hotel stays of 30 consecutive days or more may qualify for a tax exemption on lodging taxes. Since you have been staying at the hotel for 34 consecutive days, you might be eligible for a refund on the taxes you have paid.

You should first check with the hotel management to confirm...
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