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Ohio Business Law Questions & Answers
1 Answer | Asked in Business Law and Tax Law for Ohio on
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

an employee of my LLC and pay her as a site manager since it is a 4 bedroom unit and i will have at least 2 others paying rent?

Eric Steven Day
Eric Steven Day answered on Jun 5, 2018

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.... Read more »

1 Answer | Asked in Business Law and Contracts for Ohio on
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

We had some type of agreement written up when we started the business and we both signed but I never read anything in there about that I could understand

Joseph Jaap
Joseph Jaap answered on Apr 17, 2018

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... Read more »

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Ohio on
Q: How do my husband and I create a 2 person member LLC for a rental property?

We are not running it like a true business, we have no employees, just collecting rents. It appears there are different rules for a community property vs. non-community property state (Ohio). We are just wanting something simple not having to create a partnership or joint venture, is this possible?... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 5, 2018

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... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Ohio on
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

If a company sold me a lifetime home warranty went out of business but then the owner went and opened a new business must he still somehow honor the warranty for my basement system? He now owns a foundation wall support co. but owned a basement waterproofing co. I contacted him but he was a... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 30, 2018

You may want to consider a suit under successot liability. He probably works from the same location, with same equipment and employees

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: New commercial neighbor is a convicted rapist & sex offender w admissions of harming children. Does this count?

My landlord rented to a convicted sex offender w no background check. I informed him of this mans past. He’s been convicted of multiple indescent exposures, rape, pandering kiddy porn. He also admitted in a court doc to publicly masturbating near schools in hopes of being seen.

My only... Read more »

Matthew Williams
Matthew Williams answered on Mar 28, 2018

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.

1 Answer | Asked in Tax Law, Business Law and Employment Law for Ohio on
Q: company A transfers money from Company B into Company A's bank account #1 and then Company A transfers that money back

to company B's bank account #2 as a loan. is that legal? what would be a reason? I asked the president of the company and he said for me to just do what I am told. I don't feel comfortable with this.

Joseph Jaap
Joseph Jaap answered on Mar 20, 2018

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... Read more »

2 Answers | Asked in Business Law for Ohio on
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?

We want to expand to general and electric contracting (I am finishing my electrical contracting license this year). Is amending the LLC or a Doing Business As and changing the name allowed, or do we need a new LLC?

Joseph Jaap
Joseph Jaap answered on Mar 7, 2018

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.

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1 Answer | Asked in Business Law and Libel & Slander for Ohio on
Q: Can i sue a patients family member for saying i was under the influence.

I been taken off work without pay until drug test comes back. This is hurting my income.

Joseph Jaap
Joseph Jaap answered on Feb 26, 2018

Use the Find a lawyer tab to consult a local litigation attorney to review the facts and advise you.

1 Answer | Asked in Business Law for Ohio on
Q: I have an LLC and I own 34% of the company. My two partners breached our no conflict of interest clause by starting

Another company and took our client from our business and added this other client to their business. I am now suing a year and a half later because our contract dictates they are involuntarily withdrawn due to their outside business. Did I wait too long?

Joseph Jaap
Joseph Jaap answered on Feb 9, 2018

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.

1 Answer | Asked in Animal / Dog Law, Business Law and Collections for Ohio on
Q: A rescue organization (501c3) placed 8 cats in my cafe for adoption. They have been given 5 oppys to pick back up.

I am feeding/caring for all 8. It's been 9 days since their FIRST oppyto pick all back up. Can I charge boarding and can I place a "veterinarian" style lien until invoice is paid if/when they decide to pick up?

Joseph Jaap
Joseph Jaap answered on Feb 7, 2018

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.

1 Answer | Asked in Business Law, Contracts and Employment Law for Ohio on
Q: Does a 50 mile, 3 year, do not compete contract hold up in court? In regard to training (Barista training)
Joseph Jaap
Joseph Jaap answered on Jan 31, 2018

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... Read more »

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: What legal steps are necessary to open an eliquid company?

Looking for any detailed information on the necessary legal documents and steps to opening an e liquid company?

Matthew Williams
Matthew Williams answered on Jan 3, 2018

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.

1 Answer | Asked in Business Law for Ohio on
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

He verbally agreed , he worked with land lord on a new lease, he texted me and told me to keep all of the current fountain drink equipment and not have the company pull it out. He then backed out at last minute after he verbally agreed to buy and I told all other potential buyers that it was sold... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 27, 2017

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.

1 Answer | Asked in Business Law for Ohio on
Q: If your business is LLC or incorporated, must you display that on your door front/
Joseph Jaap
Joseph Jaap answered on Oct 26, 2017

No, but any legal documents should include that to properly identify your business. Since you are asking such a basic question, if you don't already have a business attorney assisting you, then you should establish such a relationship. Use the Find a Lawyer tab to consult a local business... Read more »

1 Answer | Asked in Copyright, Antitrust, Business Law and Intellectual Property for Ohio on
Q: My eBay listing keeps getting removed because my "listing used their copyrighted image without permission."

I keep trying to sell a Klipsch headset on eBay. I took the pictures of the product myself, but I keep getting my listing removed, because Klipsch is claiming copyright infringement over my images. They are my own pictures I took myself, and I feel I'm being harassed by Klipsch. Klipsch is wasting... Read more »

Benton R Patterson III
Benton R Patterson III answered on Oct 7, 2017

Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.

1 Answer | Asked in Business Law, Consumer Law, Federal Crimes and Criminal Law for Ohio on
Q: Who is at fault? A customer buys cigarettes with his MI state bridge card (Food stamps).

It was the cashiers first time doing this. Michigan USA. It is not legal. They fired the cashier. The store is now making threats against her husband (but not married). To call police.

Matthew Williams
Matthew Williams answered on Oct 6, 2017

This sounds like it happened in Michigan. You are going to want to repost in that state to find lawyers from that state as laws vary from state to state. In Ohio, it is illegal to buy smokes with food stamps.

1 Answer | Asked in Employment Law, Family Law, Business Law and Juvenile Law for Ohio on
Q: What are the Ohio exceptions of a 17 year old no longer considered a minor without emancipation? For job purposes.

My 17 year old daughter is trying to get a retail clerk position with a company that avoids hiring minors due to policy. The manager stated that if she can find an 'out' of being legally considered a minor, she can be hired. She is a CCP student and although she is considered a high school student,... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 18, 2017

This link provides some information that might be helpful:

https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: What forms do I need for an online business??

My boyfriend and I are trying to start an online business. Would this be considered a partnership? If so, do we need a partnership agreement? Does that agreement need to be also signed by a lawyer? (We don't have money to consult lawyers about these things). As far as when we are filing our taxes,... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 13, 2017

Those questions cannot be answered on-line. If you want to start your business properly, and avoid future problems, then you need both legal advice and tax advice. So you should save up enough money to obtain that professional assistance so you can start the business correctly. You and he would... Read more »

1 Answer | Asked in Business Law, Employment Law and Probate for Ohio on
Q: Can a business owner have employees care for his elderly mother and then get reimbursement from the estate after passing

When he and two others are the heirs. Basically taking money from the other two heirs.

Joseph Jaap
Joseph Jaap answered on Aug 8, 2017

Use the Find a Lawyer tab to consult a local probate and estate attorney to review all the facts of this situation and advise of potential consequences if the other heirs talk to their own attorneys.

1 Answer | Asked in Business Law and Employment Law for Ohio on
Q: Can the owner of a business send employees to his home and have them work on his house and pay them through the company?
Joseph Jaap
Joseph Jaap answered on Aug 8, 2017

If the owner is the sole owner of the company, probably, as long as they are not asked to do something illegal. Perhaps there are some tax related issues. Employees in Ohio are at-will employees, and can be terminated for any reason or no reason, unless they have an employment contract or union... Read more »

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