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Ohio Contracts Questions & Answers
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 »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Hello, currently I am in bind with my leasing office. Its about a lease they say we signed but we didn't.

Our leasing office came over one morning unannounced disccusing with us possible options on place they had available that was larger then where we were. So they came over with the paper work for us to sign to lock in the price. With that they also said it wasn't a lease and that we can opt out... Read more »

Warner Mendenhall
Warner Mendenhall answered on Sep 15, 2020

Attorney's need to see what you documents you are referring to to give you an opinion. It sounds like it is a rental agreement that requires you to give 60 days notice before leaving. If you did not sign anything you could give them 30 days notice and leave.

1 Answer | Asked in Contracts for Ohio on
Q: Me and my girlfriend signed a contract (read carefully) for a German Shepard signed by both parties and they are refusi

To give us the dog or money back and we would like to press charges. I have proof of everything

Joseph Jaap
Joseph Jaap answered on Aug 31, 2020

File a police report. But there will probably not be criminal charges. The police probably will advise you to sue them in court for breach of contract.

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 »

1 Answer | Asked in Business Law, Contracts, Health Care Law and Collections for Ohio on
Q: Can do anything to fight my health insurance company for an over payment claw back? What type of lawyer do I need?

I started a new career 2 years ago and was able to get health insurance through my company. I have some health issues, so rather than cancelling the insurance coverage from my wife, I had her policy switched to my secondary insurance and my new policy as my primary. Yesterday we received a stack... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

An Ohio attorney could advise best, but your question remains open for two weeks. What type of lawyer? It looks like you already did a good job of identifying the categories - health care law and collections. You could reach out to attorneys in those categories. If you engage an attorney who would... Read more »

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: Can a contract automatically renew if there is a termination amendment stating written agreement needed for extension?

I have an employment contract that has a two year term and an ability to automatically renew on an annual basis after two years, however there is an amendment clause stating that the agreement cannot be amended, altered, modified or extended except by written agreement signed by each party. There... Read more »

Matthew Williams
Matthew Williams answered on Aug 22, 2020

If the contract says it automatically renews, and it says it cannot be changed except by written agreement signed by both parties, and there is no written agreement signed by both parties, then it automatically renews just like it says.

1 Answer | Asked in Contracts, Criminal Law and Estate Planning for Ohio on
Q: What does being power of attorney for an inmate entail?

My close friend is currently in jail and would like to give me power of attorney. Currently, his family has his money, bank account information, social security card, as well as other important legal documents. He does not trust his family to have his best interest due to them being the ones that... Read more »

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

As power of attorney you would be able to look out for the inmates financial interest and do the same as he would. There are laws against using his assets for self interest and that should be avoided.

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Can I get a lawyer to review a lease?

I am communicating with a potential new landlord via email and he sent me the lease agreement. Is there an attorney that can review it and tell me if it's legit?

Joseph Jaap
Joseph Jaap answered on Aug 17, 2020

Yes. Use the Find a Lawyer tab and hire a local real estate attorney to review the lease and advise you. But a landlord is unlikely to make any changes.

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1 Answer | Asked in Contracts for Ohio on
Q: Are we liable for the remaining lease (see details below)?

We have two doctor notes and gave 30 days notice with the doctors letters. Climbing steps risked a fall with more serious injury. The landlord has sent us a bill for the remaining rent until they rented the unit. In Ohio Are we liable?

Joseph Jaap
Joseph Jaap answered on Aug 17, 2020

A doctor's note provides no legal basis for a tenant to terminate a lease.

Tenant is responsible for the full amount of rent for the entire lease term until the lease expiration date. If tenant leaves early, tenant is liable for the remainder of rent until the lease expiration date,...
Read more »

2 Answers | Asked in Contracts, Civil Rights and Education Law for Ohio on
Q: it Is legal for a public university to randomly require students to test for Covid and deny access to their class if not

Students will be randomly selected throughout the semester, 100 at a time. Students with no symptoms, no contact tracing, perfectly random. If they choose not to be tested they will be made to “ quarantine “until they comply. They will not be allowed to attend their classes. This is only for... Read more »

Matthew Williams
Matthew Williams answered on Aug 5, 2020

That’s a rather strange scheme. There’s little precedent on a lot of these issues. General, common sense health precautions are likely to be upheld in court. But this does seem wrongheaded. For one thing, with limited testing resources, it makes sense to focus on those with symptoms or probable... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: I have leased a home for 9 years, the lease expired after a year and never signed another lease. Can I be sued damages?

There have been no upgrades, maintenance etc over the nine years I have done all upkeep myself. The home will need new carpet, drywall repairs and paint.

Joseph Jaap
Joseph Jaap answered on Jul 30, 2020

Unless the original signed lease specified otherwise, then when it expired, you became a month to month tenant, and either tenant or landlord can terminate that occupancy at the end of any month by giving 30 days written notice. Tenant is responsible to pay for any damages to the premises beyond... Read more »

1 Answer | Asked in Contracts and Small Claims for Ohio on
Q: I found a missing person with a $25,000 reward and the family won't give me the reward

A friend of mine went missing and her family put out a $25,000 reward for information leading to her. I came forward and disclosed some information where I think she might be, and they ended up finding her where I said she was. The family has not contacted me with information on how to get the... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 30, 2020

Use the Find a Lawyer tab and retain a local attorney. You might have to sue them.

1 Answer | Asked in Contracts for Ohio on
Q: My roommates are being evicted. Im not on the eviction notice or the lease but i have legal residency at the apartment

My roommates are being evicted. Im not on the eviction notice or the lease but i have established legal residency at the apartment. Do i legally have to leave when they do?

Joseph Jaap
Joseph Jaap answered on Jul 27, 2020

If your name is not on the eviction complaint, then you would not have to move. However, if the eviction is granted, and sheriff comes to move them out, there could be problems on whose things get moved out. So you will have to talk to the landlord and work that out ahead of time to avoid... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: I have lived in my apt for 1 year. I have paid my rent every month. Today I got the Notice of Lease Non-Renewal.

They say its in my contract that they can non-renew and not give a reason. I am shocked! I do submit a lot of maintenance requests. The community is pretty nasty. Wet, moldy, bugs, the front porch concrete is disgusting dirty. Would they really discriminate like that?

Joseph Jaap
Joseph Jaap answered on Jul 22, 2020

They don't have to give a reason. If you don't leave, they can evict you. And if it is wet, moldy, has bugs, etc. there is no reason to stay.

1 Answer | Asked in Contracts for Ohio on
Q: Can I stop my payment to the HOA if they do not in force the rules of the association
Joseph Jaap
Joseph Jaap answered on Jul 22, 2020

No. They will just file a lien against your home and charge late fees. If they won't enforce, persuade other people to run for election to the board with you who want to enforce the rules.

1 Answer | Asked in Contracts and Civil Rights for Ohio on
Q: Do I have to allow inspectors into my apartment during COVID19 if they are from a highly infested area?

I am a disabled 65-yr old with multiple health issues that make my chance of surviving COVID highly unlikely, living in a county with 135 cases of COVID. Inspectors from Columbus, which has the highest number of cases and deaths in Ohio, are planning to walk through my apartment. Am I required by... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 15, 2020

Landlord is allowed by law to inspect after giving reasonable notice. But if you refuse entry, there is not much landlord can do about it. Landlord could call the police, but are unlikely to force you to let landlord enter. If landlord tries to force his way in, call the police. If you refuse... Read more »

1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Ohio on
Q: Can a closed bankruptcy be reopened and reversed if a creditor perpetrated fraud on debtor caused debtor to orig file?

This involves a land contract which I know has its own set of hurdles but basically I want to know if the vendor of the land contract committed fraud or at least made known significant misrepresentation to the common pleas court can that be grounds to reopen the bankruptcy case and reverse the... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2020

Possibly, but it would be very difficult unless the proof establishes the fraud unequivocally. Contact a competent attorney who can realistically assess your chances of success.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: I signed a lease but my roommate did not we are both on it as ‘resident’ and we want to get out of it

Move in date was supposed to be 6/29 but we didnt even receive confirmation that we were approved until that day. We looked around for other places and found one that we liked because they had been very bad at communication.

Joseph Jaap
Joseph Jaap answered on Jul 1, 2020

You signed the lease, so you are legally obligated to pay the rent. Try to work it out with landlord, or landlord could sue you for breach of lease and file an eviction. An eviction is a permanent court record that can make it difficult to rent from a landlord who checks the records. Landlord... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Can I close a business down while I sue them for an ADA claim?

In Ohio

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 28, 2020

No. Once a lawsuit is initiated you can go through the civil litigation process, which does not result in the business being shut down. Even if you win it is unlikely that the business would be shut down.

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