Ohio Business Law Questions & Answers

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

1 Answer | Asked in Business Law for Ohio on
Answered on Jul 9, 2018
Joseph Jaap's answer
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.
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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

1 Answer | Asked in Business Law and Tax Law for Ohio on
Answered on Jun 5, 2018
Eric Steven Day's answer
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. However, for her to be considered an employee, there would have to be some business purpose that she is performing on behalf of the LLC.

Q: I want to ask judge for continuance in a case to allow me more time to get legal counsel, can he refuse?

1 Answer | Asked in Business Law for Ohio on
Answered on May 15, 2018
Matthew Williams' answer
You can request a continuance and the court will probably grant it. But, the court can deny it. If you are the plaintiff and you don't want to pursue it, you can simply not show up and it will get dismissed. But, be careful about doing so. If the other side has made any claims against you, your failure to appear could result in summary judgment in their favor.

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

1 Answer | Asked in Business Law for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
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 litigation.

Q: Hello I lived in NC and binding to lease in OH starting on MAY26th 2018, my family cannot move to OH, can I break lease?

2 Answers | Asked in Contracts, Real Estate Law, Business Law and Landlord - Tenant for Ohio on
Answered on Apr 16, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a real estate attorney in OH to review the lease and the facts and advise you if you have a basis to try to terminate the lease or to sue in small claims court to recover any amounts paid to landlord. Or landlord could sue you for the rent, minus any rent collected from a new tenant. Landlord also could make an adverse entry on your credit report, lowering your credit score and making it difficult to rent from a landlord who checks your credit.

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

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Ohio on
Answered on Apr 5, 2018
Joseph Jaap's answer
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 income taxes and other tax issues, including OH state taxes. Those depend on your particular tax situation. Use the Find a Lawyer tab to consult a local OH attorney where the property is located.

Q: In which court would I file a successor liability suit for a lifetime basement waterproofing warranty that came from

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Ohio on
Answered on Mar 30, 2018
Joseph Jaap's answer
Small claims court for a claim up to $6000, or municipal court up to $15,000. Over that - Common Pleas Court.

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

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Ohio on
Answered on Mar 30, 2018
Bruce Martin Broyles' answer
You may want to consider a suit under successot liability. He probably works from the same location, with same equipment and employees

Q: New commercial neighbor is a convicted rapist & sex offender w admissions of harming children. Does this count?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Answered on Mar 28, 2018
Matthew Williams' answer
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.

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

1 Answer | Asked in Tax Law, Business Law and Employment Law for Ohio on
Answered on Mar 20, 2018
Joseph Jaap's answer
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 appropriate advise when such questions arise. Use the Find a Lawyer tab to retain a business attorney to represent the company in its affairs. The attorney can probably recommend a business tax accountant.

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?

2 Answers | Asked in Business Law for Ohio on
Answered on Mar 7, 2018
Joseph Jaap's answer
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.

Q: Can i sue a patients family member for saying i was under the influence.

1 Answer | Asked in Business Law and Libel & Slander for Ohio on
Answered on Feb 26, 2018
Joseph Jaap's answer
Use the Find a lawyer tab to consult a local litigation attorney to review the facts and advise you.

Q: I wanted to know about laws on filing someone as a dependent if they don't or hasn't lived with you or cared for you

1 Answer | Asked in Business Law and Small Claims for Ohio on
Answered on Feb 16, 2018
Joseph Jaap's answer
You need to talk to a tax advisor. Tax issues are complicated, and depend on your specific situation that your advisor will have to analyze to be able to give you any answers at all. The IRS has very specific criteria for claiming a dependent.

Q: I have an LLC and I own 34% of the company. My two partners breached our no conflict of interest clause by starting

1 Answer | Asked in Business Law for Ohio on
Answered on Feb 9, 2018
Joseph Jaap's answer
Ask your attorney. If you don't have an attorney, use the Find a Lawyer tab to retain a business litigation attorney to assist you.

Q: A rescue organization (501c3) placed 8 cats in my cafe for adoption. They have been given 5 oppys to pick back up.

1 Answer | Asked in Animal / Dog Law, Business Law and Collections for Ohio on
Answered on Feb 7, 2018
Joseph Jaap's answer
If there was no written agreement, give them an invoice and a deadline, and if not paid and picked-up, tell them they go to the pound.

Q: Does a 50 mile, 3 year, do not compete contract hold up in court? In regard to training (Barista training)

1 Answer | Asked in Business Law, Contracts, Employment Discrimination and Employment Law for Ohio on
Answered on Jan 31, 2018
Joseph Jaap's answer
Probably not - but only if it went to court, and the court decided in your favor. But a new employer might want to avoid the potential problem and refuse to hire you, or fire you if the other employer notifies them. Use the Find a Lawyer and retain a local employment law attorney to review the non-compete and advise you.

Q: I filed a LLC 8 ish months ago called Simple Shower Club LLC someone emailed me from simple shower saying its tm infring

1 Answer | Asked in Business Formation and Business Law for Ohio on
Answered on Jan 29, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local intellectual property or trademark attorney to review all the facts and advise you whether it could be an infringement or not, and what are your options. There are significant penalties for trademark infringement.

Q: subtenant who has no written contract or receipts with me in ohio, threatens me with attorney.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Answered on Jan 4, 2018
Bruce Martin Broyles' answer
No written lease also means that you have not secured a right to self help repossession. You do not have a lien on his tools. You should probably have an attorney speak with his attorney and arrange for the tools to be returned in exchange for the payment of past due rent owed.

Q: What legal steps are necessary to open an eliquid company?

1 Answer | Asked in Business Formation and Business Law for Ohio on
Answered on Jan 3, 2018
Matthew Williams' answer
Get a lawyer to help you with this. Opening the company is fairly straightforward, but there are lots of regulations concerning the packing and sale of these products and you need to be familiar with them.

Q: Hi I am selling my small business. I have a buyer who verbally agreed to purchase it does he legally have to buy it

1 Answer | Asked in Business Law for Ohio on
Answered on Nov 27, 2017
Joseph Jaap's answer
If you have this question and are selling a business, and now have a potential legal claim, you should retain a local business law attorney to review all the facts, evaluate any claim, assist you with the sale. Use the Find a Lawyer tab.

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