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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts, Criminal Law and Traffic Tickets for Ohio on
Q: I was recently given a ticket for reckless driving. I have no prior incidents on my driving and no criminal record

I live in ohio, am a navy vet, and have a lawyer who will represent me in court. He has said that I do not have to show up, and that we will plead not guilty. Is this a good move and should I show up? I also have not signed a contract with him. Should I get a contract?

Patrick DiChiro
Patrick DiChiro answered on Nov 14, 2019

MOST COURTS IN OHIO ACCEPT FAXED OR E-MAIL NOT GUILTY PLEAS FROM ATTORNEYS. IT AVOIDS WASTING THE ATTORNEYS TIME SHOWING UP AT AN ARRAIGNMENT WHERE NOTHING REALLY GETS DONE OTHER THAN A PLEA ENTERED AND A JUDGE ASSIGNED.

SO IT DOES NOT HURT YOU TO NOT SHOW UP AT COURT.

AS FOR THE...
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3 Answers | Asked in Contracts for Ohio on
Q: Do I have to pay a restitution fee to a General Contractor who was dropped after a month of negotiating his bid?

Over the past month, I have been in the process of purchasing a house using a Loan company that insisted on using a General Contractor. After negotiating his bids (several rewrites), I finally got him down to somewhat reasonable pricing for the jobs that needed to be done (required by loan... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Oct 31, 2019

There was no contract requiring that you pay him for his time. He did not suggest that he should be compensated for his time during the negotiations. He can file a lawsuit, but he should not be able to prevail.

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1 Answer | Asked in Contracts for Ohio on
Q: Can I get out of a lease on the grounds in the details? I am 5 months into this 12 month lease.

I have recently started smelling tobacco smoke in my apartment. It has been causing me to wake up with a headache, and coughing. I emailed my landlord about it and she replied saying " Unfortunately the lease states there is no smoking within the towers, I cannot control what each resident does in... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 28, 2019

You can only get out of the lease if landlord will agree. Your lease probably does not require landlord to take action if there is smoking. You could pay your rent into escrow with the local court, and the court will hold a hearing to determine if there is anything landlord can do. Check the... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: I'm in the state of Ohio and I need to make a legal contract. Can I just use LegalZoom? Or do I need an actually lawyer?

Me and my boyfriend got a car together about a month ago and we now have broken up. The tile is in my name but the loan is in ours. We signed a 6 year contract with the bank. He agrees to still pay his half of the monthly payments until the car is paid off or he gives me the total amount of his... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 21, 2019

It is extremely unlikely that he will keep paying on your car for 6 years, or pay half of the purchase price for a car he doesn't use. Even if you have a valid contract, if boyfriend quits paying, then you would have to sue him to collect -- and it would take several months. And you might not be... Read more »

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: My client never signed our contract, would they be held to the terms of it?

My company conducts estate sales. We take jobs by the value of our clients belongings. Our client received the contract where we state you cannot remove any items from the home as they are deemed for sale. They ignored this & took out items anyway. This was in breach of contract. The client also... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 14, 2019

Since the contract was not signed, that makes things more difficult. If there is litigation, you can claim that they verbally agreed to the terms of the contract. They can dispute that. If you can't work it out with them, then they might sue you to collect the proceeds you have retained. You... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: The apt autorenewed my lease until Oct 2020 saying i did not gave them written notice prior to 60 days of lease expirati

The apt lease is supposed to end in October 2019.I’ve moved out of state and in Dallas right now.I gave them verbal notice in Aug that i wont be extending lease, that time they did not notify me that i need to give them written notice .now apt has sent me auto renewal notice for a year without... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 11, 2019

If the lease had an auto renew provision that required 60 days written notice to not renew, and if you did not give written notice, then the lease renewed, and you are legally obligated to pay the rent for the rest of the lease term, unless landlord makes good faith efforts to re-rent and gets a... Read more »

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: I'm having a new house being built by Schumacher. the driveway & sidewalk cracked a few days. they want fix it.

I haven't taken possession of my house or even had my first walk through. we have not even made our last payment. I live next door so i watched all of this and informed them. They said they are not going to fix it. Are they responsible to give us what we paid for. we did not pay for a cracked... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Oct 6, 2019

Some cracking in the driveway and sidewalks occur, but it seems odd that it would occur so soon in your concrete. If you still have funds left to pay, I would have the driveway and sidewalk inspected before making any further payment. Make sure you use a reputable expert in concrete issues, not... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: As a General Contractor, how do I protect my lien rights on a private project?
Joseph Jaap
Joseph Jaap answered on Aug 30, 2019

To be valid, all the statutory requirements must be followed for a mechanic's lien. That can include delivering a Notice of Furnishing and Notice of Commencement, posting a copy of a Notice of Commencement, providing copies when requested, recording the lien affidavit within the time deadline, and... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: My condo asstn. has been misappropriating funds & or ignoring request for audit info for years. Do I have any recourse?

My condo association has used scare tactics and harassing tactics to squeeze money out of homeowners. Some have filed bankruptcy not not knowing the management company that has been receiving payments for the last 13 years, has been cancelled by the state. Yet they have still used a law firm to... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Aug 16, 2019

The articles of incorporation are often cancelled for failure to pay annual fees. The corporation can have the articles reinstated and ratify the conduct by a shareholder's meeting. As a shareholder, I believe that every owner is a member of the association, you are entitled to receive the... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: home is under contract. just found out have to repair septic at min $15,000. can I get out of sales contract as seller?
Joseph Jaap
Joseph Jaap answered on Aug 12, 2019

It depends on how the inspection contingency is written in the sales contract. Try to work it out with the buyer, or use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise you.

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1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Can I back out of a home repairs contract?

Hello,

I entered into a contract with a contractor for home repair services. The work was divided into three separate sections. He’s completed two of those, and not yet started the third. If no expenses have occurred in the third section, can I back out and pay for only the first two?... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 5, 2019

Probably, but it will depend on what your contract says and whether the Ohio Consumer Sales Protection Act or Home Solicitation Act apply and can strengthen your position.

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: My condo rental has floors and a kitchen island that vibrates nearly every day. It's unsettling. How do I end lease?

I live in West Flats Cleveland Ohio

Joseph Jaap
Joseph Jaap answered on Aug 1, 2019

You can try to negotiate an early lease termination with landlord on whatever terms landlord might accept. But landlord could refuse. If so, then you could start paying your rent on time each month into escrow with your local court, which will hold a hearing to determine if landlord has any... Read more »

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Ohio on
Q: I purchased a instrumental directly from a seller and agreed to take the instrumental down off of YouTube and it‘s not

I purchased a instrumental directly from a seller. I found the instrumental on YouTube and contacted the person who made it. He doesn’t sell through a trusted site because he said it takes a good portion from his sales and does it directly. He also informed me that he will take it down from... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 30, 2019

It sounds like the real reason the seller does not use trusted sites to market his stuff is because he can sell the same stuff over and over and over to many trusting people like you if he uses his own site to bilk unsuspecting people. You might want to hire a lawyer to investigate this dude and... Read more »

2 Answers | Asked in Contracts for Ohio on
Q: Was under contract to buy a house. The seller backed out and took his house off market. I paid Approx $ 1,300 in fees.

The realtor ordered the appraisal and inspections but is saying I have to take the seller to small claims court to get my money back. Shouldn’t the realtor pay me back?

Joseph Jaap
Joseph Jaap answered on Jul 29, 2019

The realtor is not a party to the sales contract. If the seller breaches the contract with buyer, then buyer sues the seller. If realtor participated in the breach in some way, realtor can also be named as a defendant. It is not likely to be cost-effective to go to small claims court for that... Read more »

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1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: Is it "Bait and Switch" when offered a price, and when time comes to sign for a car the price is higher?

The salesman then lied to me and told me the increase was due to bank fees for the loan. Now that I'm a customer of said bank, I've inquired about those "fees"; they've informed me there are no fees or charges to apply for an auto loan. Original price was $16993.00 and at contract time the amount... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 26, 2019

No, bait and switch is when they advertise a particular car for some very attractive amount of money (the bait) and then when you get there to buy it, they tell you the car you wanted was sold--and then try to move you up to a more expensive car (the switch). It is hard to tell why they jacked the... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: My son signed a apartment lease on 7/17 which stated his new address & apt #. On 7/22 at 5pm he received a email saying

his address & apt number have changed due to the first apartment not be ready. His lease starts 8/1. Is this legal? Apartment layout has changed, unit is a down grade, he already made a change of address.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

Advice: Forget about him "already changing his address." Why? Because he can change it again.

Focus on the facts that are relevant: Signing a lease for a specific apartment your son walked through and bargained for means that your son is entitled to move into that specific apartment--or an...
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1 Answer | Asked in Business Law and Contracts for Ohio on
Q: I’m looking for a lawyer who can sue a big company or if you could refer me to one

I don’t have any

Tim Akpinar
Tim Akpinar answered on Jul 23, 2019

This isn't an attorney referral service; it's just a question and answer board. But you can locate attorneys in the Find a Lawyer section. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Criminal Law and Small Claims for Ohio on
Q: signed car over to daughter, with agreement to pay for the car monthly. She never paid for it.

I signed over car to daughter with agreement for her to make monthly payments for the car. She took car never paid. She’s currently in jail and her husband refuses to give car back. How do I get the car back.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

If the title to the car is in your daughter's name only you cannot get it back--lawfully--absent a lawsuit.

2 Answers | Asked in Contracts for Ohio on
Q: Can I be held responsible if I cosigned for a vehicle and the person turned it back in?

I cosigned a vehicle and the other person turned it back into the dealership, now they are coming after me for the money, am I responsible for that? Can they garnish my wages for a vehicle they took back?

Joseph Jaap
Joseph Jaap answered on Jul 16, 2019

A co-signer is equally liable for any financial loss on the loan or the vehicle that. If the lender or dealer sues and gets a judgment, they can garnish wages. They also can make an adverse entry on credit reports, lowering credit scores.

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2 Answers | Asked in Consumer Law, Contracts and Animal / Dog Law for Ohio on
Q: I have a question on consumer laws regarding purchase of a puppy from breeder in Ohio. I am in Pa.

I found a puppy online. I contacted the owner on FB msger but got no reply. I then saw the same puppy listed with another woman claiming to be seller's mom. I messaged her about the puppy, and we made arrangements. I never actually spoke with the daughter. Mother disclosed that the pup had an... Read more »

Taylor P Waters
Taylor P Waters answered on Jul 10, 2019

It depends on what the contract says regarding the deposit. It does seem like there are multiple red flags here and you might be dealing with an Amish puppy mill situation. If you had a firm agreement that you could get the puppy for the week of July 9, that might be sufficient to get the deposit... Read more »

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