Lawyers, Answer Questions  & Get Points Log In
Ohio Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: Under what circumstances can I successfully sue for my deposit back from a contractor who "tried" but failed to perform?

A contractor I hired to fix my leaking roof took half down from me but the roof still leaks. He warranted the work for 20 years although the project isn't "done", but at this point I am not sure he is competent to fix it. To fix it he will have to basically start over, and I think... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 15, 2021

If the roof leaks, then the job has not been done properly or is not complete. Talk to the contractor about it. If you intend to terminate him for breach of contract and sue him, you have to give him notice. Even if you succeed in court and get a judgment against him, it might be difficult to... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Ohio on
Q: Can an unlicensed contractor.demand payment for sub standard work.he did nothing legal to perform according to the law

He tricked us into thinking he was licensed and knew what he was doing.he didn't and now he wants 35000.00 when we did not agree to that

Matthew Williams
Matthew Williams answered on Jun 11, 2021

Anyone can demand anything. You can refuse to pay him. He could then sue you, and you could defend the lawsuit and counterclaim for fraud.

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: Is it to late to file exemption once the garnishment stops

Sorry I meant start? Also I gave all my income information to the creditors lawyer and they were suppose to call me back to agree on a payment plan and never got back with me once they received my income they just went forward with the garnishment.

Timothy Denison
Timothy Denison answered on Jun 10, 2021

Yes.

1 Answer | Asked in Consumer Law for Ohio on
Q: Is it legal for a police station in the state of Ohio to create a policy to NOT accept change as a payment.

A police station in my city has created a policy where they now no longer accept change as a valid payment. I was wondering if this is legal or not

Matthew Williams
Matthew Williams answered on Jun 7, 2021

Court's have generally upheld these sorts of rules regarding reasonable restrictions on when, where, and how payments can be made. You can take your change to the bank and trade it in for bills.

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: I have paid a contractor 14000.00 to put up a vinyl fence. They did not cement the pillars in the ground and my fence

Is not stable. Plus it's not straight and the gate does not lock cause the hasp and locking piece dont line up. Tried to get him back to look at it and he never shows

Bruce Martin Broyles
Bruce Martin Broyles answered on May 20, 2021

When the contract was written did the contractor give you a written notice of your right to cancel the contract within 3 days. If the contractor does not have a storefront or a building where you can view his work, then he is subject to the Home Solicitation Sales Act. Without a three day notice,... Read more »

1 Answer | Asked in Consumer Law for Ohio on
Q: Bought a used vehicle as is. Heat doesn't work. Never disclosed. On them to fix?
Matthew Williams
Matthew Williams answered on May 10, 2021

When you purchase a car "as is" and they follow the rules for telling you that, they have no duty to disclose or fix anything.

1 Answer | Asked in Consumer Law for Ohio on
Q: Can someone explain what criteria are need to prove auto dealer fraud
Matthew Williams
Matthew Williams answered on May 10, 2021

Fraud occurs when one party to a transaction makes a material misrepresentation--a lie about something important to the transaction--either with knowledge that the misrepresentation is false, or with reckless disregard to whether or not it is true, or makes a material omission when the party has a... Read more »

2 Answers | Asked in Consumer Law for Ohio on
Q: Are you familiar with the term express warranty
Matthew Williams
Matthew Williams answered on May 10, 2021

Yes, an express warranty is what most people think of as a warranty, one that is promised by a seller usually in writing. An implied warranty is a bit different. It is one that is implied by the law, in other words, one that is essentially required by law and therefore present whether there is a... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Business Law and Small Claims for Ohio on
Q: I am so livid I am shaking!!!

Is this a case or am I just petty?

I am so livid I am shaking!!!

Andrew Popp
Andrew Popp answered on Apr 28, 2021

I'm sorry, no question is asked here. To determine if you have a viable case I recommend sitting down with an attorney who practices in the area of concern.

Best of luck.

1 Answer | Asked in Consumer Law and Products Liability for Ohio on
Q: I am going to resell frozen cheese sticks that I bought on amazon. Are there any things I could get in trouble for?

I contacted the seller and they said I am allowed to resell them and I will put a warning label on the package stating that there is dry ice inside but should there be any other things I should be concerned about legally? I don want to be sued or get in trouble so could you state some precautions... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

If there is a problem you can bet people will look at you. Check with your state health department/department of agriculture. You may be required to have certain licenses and refridgeration if you are going to sell frozen food products, particularly meats.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Contract law

On July 20, 2020 I signed a contract for windows for my home (around $7,000). On 9/10 I got an e-mail telling me the windows would be ready 10/29. It is now 2/26/21 and they tell me they will install on 3/29. On 2/11/21 I sent them an e-mail stating that as a commission salesperson the bottom... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 26, 2021

A lawyer would have to review the actual contract terms to determine if you have a right to cancel, whether their delay was a breach of contract or if the virus lockdown excuses the delay, or whether they failed to comply with all the required consumer protection notices and right of cancellation... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Ohio on
Q: What legal rights do I have if I wake up in a medical facility with another patient's blood on me?
Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

Assuming they did not get your consent to a transfustion, you technically have a claim for battery. However there are many legal issues, and you should 1) not ask or tell medstaff you are thinking of a claim but ask general open ended questions if you are asking them , 2) get legal advice from a... Read more »

1 Answer | Asked in Consumer Law for Ohio on
Q: Hello. May I please have a small moment of your time?

I hired a roofing contractor to replace my roof. All he have done is tarp the areas that were leaking. However, once my insurance cut the check, he said he needed the whole check to replace my roof but, 25% of the check was supposed to be used for the drywall repairs on the inside. He also said I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 4, 2021

This will depend on what the contract you signed said. Most of the time for roof repair you are required to make payments in intervals, with the full amount due upon completion. If the contract was silent on that, then you should not have to prepay unless specifically stated.

If there was...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for Ohio on
Q: Can a person who sold me a car with a title that was not in his name get in trouble after taking my money

Paid $600 for car I have title and keys. Also paid $300 for a trailer no title. Now the trailer is impounded and the person on the title doesn't want to sell it to me but her boyfriend already took my money

Matthew Williams
Matthew Williams answered on Nov 10, 2020

Yes, you can get into trouble for selling things that do not belong to you. That's both fraud and theft.

1 Answer | Asked in Contracts, Construction Law and Consumer Law for Ohio on
Q: Hello, I recently had a drain field re dug in my septic system. The cost was $5500.

Within a few months the same issue began. We contacted the company who performed the initial work and through numerous attempts and 8 missed appointments on the company's end, the issue is still not fixed and our renters are threatening to move out. Additionally, the septic company instructed... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 28, 2020

You can sue the contractor in small claims court up to $6000. Check your local court for the form to file. But you must present proof that the work was not done properly, so have another contractor inspect and provide a written quote for repairs. Or use the Find a Lawyer tab to retain a local... Read more »

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Iij am asking for an elderly friend. His land lord is terminating his lease.. but the tenant does not want this..

He has lived here over 20 years. I know the land lord is terminating this lease because he cant raise the rent to what he gets from new tenants.. he also has wants to make renovations on this apartment. Wich I understand. But does my friend have to be homeless because of the landlords needs

Joseph Jaap
Joseph Jaap answered on Sep 24, 2020

If the tenant's lease is not expiring, landlord cannot make him leave until the end of the lease term. But if the tenant's lease is expiring, then unless the lease gives tenant an automatic renewal or a right to renew, landlord is not under any obligation to renew or extend the lease... Read more »

2 Answers | Asked in Consumer Law and Contracts for Ohio on
Q: Contractor Agreement, can I get out of it

While I was in the hospital my husband took over my hunt for a contractor to complete roof/siding/gutter and potentially window replacement. He arranged and signed an agreement with a contractor. The agreement only covers items in the event we would be rewarded money from the insurance. I am also... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 16, 2020

You question cannot be answered without a review of the contract. The contractor might not have complied with all the consumer protection requirements, which could allow you to terminate it. You can try terminating it yourself, but the contractor might then sue you. Or you can use the Find a... Read more »

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Land Use & Zoning for Ohio on
Q: If the landlord allowed me to put 15,000$ of work into his house and Now he trying to evict me, can I sue for that mone

I been living in this home for 16 years and i finally decided to ask him can I put some work into the home and it costs me 15,000 and it made the value of the home go up, he can now charge $800 instead of 200$ in rent, So he wants to evict me out of the house, can I sue for that money out of that... Read more »

Taylor P Waters
Taylor P Waters answered on Sep 5, 2020

You may have a case for unjust enrichment, contact an attorney to discuss how to file the claim and what you need to allergies

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Buyer has approval but house value lower than asking price in appraisal contract had already been signed but mortgage

Won't go above appraisal

Joseph Jaap
Joseph Jaap answered on Aug 28, 2020

Either seller has to agree to a lower price, or buyer can't get a loan and close the purchase - so the contract must be terminated.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: If a person has purchase agreement on a house and has out earnest money up. And all is good until appraisal comes back l

Buyer has no more money and mortgage company won't approve loan for more than appraisal what options does buyer have and realitor puts house back on market and doesn't tell buyer trying to buy

Joseph Jaap
Joseph Jaap answered on Aug 28, 2020

If buyer cannot get a loan,and is unable to get money to close the purchase, then buyer should terminate the contract under the financing contingency, and seller should return the earnest money to buyer. The realtor should have buyer and seller sign a contract termination and mutual release. Or... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.