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Ohio Business Law Questions & Answers
1 Answer | Asked in Divorce, Business Law, Contracts and Real Estate Law for Ohio on
Q: Can I claim equity in a house bought with my husband's military death benefit?

My husband and I have been married for a year and a half. Four months into the marriage, my stepson committed suicide while in the military, and my husband received a death benefit as the beneficiary. We used this benefit to purchase and pay off a house, with both our names on the deed, and the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 25, 2025

In Ohio, the important issue of separate property vs. marital property is the ability to trace the source of the funds. How real property is titled is not determinative of how the property is titled. Even though the funds went to your husband and then were deposited into a joint checking account,... View More

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 Intellectual Property, Trademark, Business Law and Gov & Administrative Law for Ohio on
Q: I am interested in developing a bundle recovery product that includes wellness products.

Sales would occur in-person and online. I have no intention of modifying the packaging for the products I purchase/resell. I would like to include products such as a hydration packet (ideally Liquid IV) a protein bar, vitamins, face wash, and pain medication.

James L. Arrasmith
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answered on May 19, 2024

To develop a bundle recovery product that includes wellness products for sale in California, both in-person and online, there are several legal considerations to keep in mind:

1. Resale of products: If you are purchasing products from other brands and reselling them, ensure that you are...
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1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: I am purchasing a property under my LLC the property also have a bar that is being sold with it should I create a LLC

A separate LLC for the bar

Brenden Patrick Kelley
Brenden Patrick Kelley
answered on Apr 14, 2024

While there may be specific circumstances that influence the decision to form separate LLCs, my general recommendation is to do so. Establishing separate LLCs can raise your expenses and increase the time you invest, but it offers significant protection for both your personal assets and your... View More

1 Answer | Asked in Business Law, Real Estate Law and Contracts for Ohio on
Q: I need to get out of a commercial lease
Joseph Jaap
Joseph Jaap
answered on Mar 20, 2024

Talk to the landlord to negotiate an early termination, although landlord is under no obligation to do so. Landlord might ask for a payment. If landlord is in default of the lease, then use the Find a Lawyer tab to retain a local real estate attorney to review the lease and the situation, and... View More

1 Answer | Asked in Business Law for Ohio on
Q: I want to create a dating site, but I'm scared of third-party data leaks. How do I word the ToS to protect myself?
James L. Arrasmith
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answered on Jan 28, 2024

When drafting the Terms of Service (ToS) for your dating site, it's important to clearly outline how user data will be managed, including the use of third-party services. You should explicitly state the circumstances under which data might be shared with third parties and the measures in place... View More

1 Answer | Asked in Contracts and Business Law for Ohio on
Q: Am I financially responsible for ex-husband's bills as a "responsible party" in Ohio?

I signed a "responsible party" agreement for my ex-husband when he was admitted to an assisted living facility in Ohio, as our two children were unavailable. The agreement states that I will personally guarantee payment for charges incurred. We've been divorced for 27 years and have... View More

Nicholas P. Weiss
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answered on Mar 18, 2025

Yes. This agreement is separate and binding on you regardless of marital status.

3 Answers | Asked in Bankruptcy, Business Law and Estate Planning for Ohio on
Q: Can I file bankruptcy to manage franchise loan and keep my home?

I've been diagnosed with stage 4 cancer and am currently unable to work. I own a tool company structured as an LLC, which has a franchise loan I'm unable to pay. My wife and I are managing to keep up with our house payments, which we intend to continue paying. My wife has disability... View More

Nicholas P. Weiss
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answered on Mar 5, 2025

You can't pick and choose creditor's in bankruptcy. That said, it is very common for people to go through bankruptcy, and then once the debt is discharged or adjusted to reaffirm their mortgage to avoid foreclosure.

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1 Answer | Asked in Business Law, Landlord - Tenant and Contracts for Ohio on
Q: Can landlord skip credit check and demand my legal fees?

I am the former owner of a small business incorporated in Kentucky with a physical presence in Ohio. I had to abandon the commercial property early. The landlord did not conduct due diligence when attempting to re-let the property and incurred $15,000 in legal fees only to find out, when preparing... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Feb 22, 2025

It is difficult to answer this question without knowing what your lease said about default and early termination by tenant. There is no “doctrine of unavoidable consequences” in the way you describe; mitigation is an affirmative defense that will probably not relieve you of liability from... View More

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Landlord - Tenant for Ohio on
Q: I live in a mobile home park and they are trying to force us all to get Wi-Fi through them is this legal

They said we don’t have a choice but to get this Wi-Fi through them even if we don’t want it and they will be adding to our monthly lot rent we don’t want it and I feel like it’s an invasion of privacy they said the mobile home park has an agreement with spectrum is this legal

James L. Arrasmith
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answered on Dec 21, 2024

You have the right to review your lease agreement carefully to see if there’s a clause that mandates using the park’s Wi-Fi service. Some mobile home parks include services like internet as part of the lot rent, which can make it seem mandatory. However, the legality of forcing you to use a... View More

1 Answer | Asked in Employment Law and Business Law for Ohio on
Q: Getting laid off - no non-compete signed. Can I be told I can't take a job if I'm contacted for one?

I am Getting laid off - no non-compete signed. A company reached out to me and I interviewed and was offered a position. My company laying me off called me today to let me know that i can work for a competing agency but they are not permitted to reach out to me. They said they have a list of... View More

Nicholas P. Weiss
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answered on Nov 17, 2024

If they have such a series of agreements, they violate federal anti-trust law and are unenforceable. You are fine to go work for them.

1 Answer | Asked in Business Law for Ohio on
Q: Can a personal credit card lawsuit go after my professional business LLC?

I have an overdue personal credit card, who may be filing a lawsuit against me. I also recently opened a business this year under an LLC and I want to know if the credit card lawsuit can go after my business?

Nicholas P. Weiss
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answered on Oct 2, 2024

Yes. This is called "reverse veil piercing". If there is no meaningful distinction between yourself and the entity, then the credit card company can bring an action against both of you.

1 Answer | Asked in Criminal Law, Tax Law and Business Law for Ohio on
Q: Can I pay for a cryonics membership from donations that I will get

It’s from a website and I got it from my self paying for a radio and other listening things to advertise for my donations

James L. Arrasmith
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answered on Jun 4, 2024

I apologize, but I don't have enough context to fully understand your question or situation. It seems like you may be asking about using donations you receive from advertising on radio and other platforms to pay for a cryonics membership. However, without more details, it's hard for me to... View More

1 Answer | Asked in Business Law for Ohio on
Q: i currently have an llc. I am sole proprietor. I am looking to convert my llc to a inc. will this affect any debt w/llc?
Nicholas P. Weiss
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answered on Mar 25, 2024

The debt will still be owed by the converted entity.

1 Answer | Asked in Business Law for Ohio on
Q: A vendor owes my business over 3oK, how do I pursue this legally? We have a contract that has been breached.
Joseph Jaap
Joseph Jaap
answered on Nov 29, 2023

Use the Find an Lawyer tab to retain a local commercial litigation attorney to review the contract and the facts, send a demand letter to the vendor, and file a lawsuit if not resolved. If you prove the breach and obtain a judgment in court, then you can file a judgment lien against the vendor,... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Discrimination for Ohio on
Q: What are the negative consequences of settling out a discrimination case against my small business? (barring publicity)

I had an upcoming scheduled deposition on a case that was a guaranteed win. The plaintiff's attorney knew this and did not want to go to trial or come out of his pocket any further. He has simply been trying to get me to spend enough that settling is the better option.

I am not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

You should immediately settle for the $2,000 if that offer is still on the table. It will cost you much more than $2,000 to defend the matter at trial. If Plaintiff recovers any amount of a judgment, he will be awarded attorney fees under employment discrimination fee shifting provisions. Most... View More

2 Answers | Asked in Business Law and Real Estate Law for Ohio on
Q: Who to file a lien against, the service location or the business that hired us?

I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... View More

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2023

The mechanic's lien must be recorded in the county recorder's office against the real estate on which the work was done using the proper legal description. There are very specific requirements and time limits to file a valid lien. Use the Find a Lawyer tab to retain a local real estate... View More

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1 Answer | Asked in Business Law, Landlord - Tenant and Municipal Law for Ohio on
Q: My neighbor runs a business training & boarding dogs at the house he rents. Does he have to have permits or licenses?

He boards them when he is training them.

T. Augustus Claus
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answered on Aug 3, 2023

In Ohio, running a business training and boarding dogs may require permits or licenses, depending on local regulations and zoning laws. It's essential for your neighbor to check with the city or county authorities to determine the specific requirements for operating a dog training and boarding... View More

1 Answer | Asked in Consumer Law, Tax Law, Appeals / Appellate Law and Business Law for Ohio on
Q: I.ve been erroneously garnished by the tax dept I am looking for the best course of action after....

They think I am running a business that has been defunct for 9 years. I produced evidence that this was not the case and proof I made them aware of this years ago. I sent this to the tax office, Attorney General and the courts. They were dragging their feet so I contacted Ohio Senate and got them... View More

David Ostrove
David Ostrove
answered on May 25, 2023

Keep om writing to the authorities not less often then every three weeks. Explain everything, in detail. Do not give up. Eventually you will indeed get their attention and they will respond in a correct positive manner. Don't give up!

DAVID OSTROVE

Attorney at Law

6157 Wooster Ave

L.A., CA 90056

2 Answers | Asked in Personal Injury and Business Law for Ohio on
Q: I want to refund a customer as a courtesy because she is having a reaction

Will this hold me liable or admit fault and leave me open to being sued at a later date even though I am not admitting fault

Nicholas P. Weiss
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answered on Apr 5, 2023

You have a low likelihood of being deemed to have admitted fault by giving a refund. Businesses give refunds for things for unhappy customers all the time.

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