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Ohio Business Law Questions & Answers
1 Answer | Asked in Business Law for Ohio on
Q: I am a dealer for a wood boiler manufacture, they went out of business.Are they still responsible for the life of the w

Warranty

Joseph Jaap
Joseph Jaap
answered on Dec 9, 2019

They are. But if they are gone, insolvent or bankrupt, there is no money to enforce the warranty.

2 Answers | Asked in Business Law for Ohio on
Q: In Ohio, our LLC has no operating agreement, how are votes figured and do you need majority or unanimous?
Joseph Jaap
Joseph Jaap
answered on Nov 13, 2019

Until an operating agreement is made, Ohio law governs operation of an LLC. See this link: http://codes.ohio.gov/orc/1705

The members should get together and establish voting and other issues in an operating agreement. If the members cannot agree unanimously on what to do, that is a...
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1 Answer | Asked in Business Law for Ohio on
Q: Is it legal in Ohio for my company to have a HIDDEN camera in the workplace employee break room?

It is Concealed, I'm the first associate to notice it.

Joseph Jaap
Joseph Jaap
answered on Nov 13, 2019

Since it is company property, and there is no expectation of privacy in public areas, the company can do that -- but not in restrooms, locker rooms, changing rooms, fitting rooms, or other private areas where people expect privacy.

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... View 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.... View More

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1 Answer | Asked in Banking, Business Formation and Business Law for Ohio on
Q: I help with an online business that isnt an actual established business, kind of like selling stuff on facebook.

over the past month I helped with collecting the payments and sending them to the vendor for the items. The vendor never shipped any items, she made fake tracking numbers, and etc. People are saying they are going to report me because I took their payment but I have proof from my bank account that... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 5, 2019

Since you saw the need to double down and admit to being involved in further cybercrimes I saw the need to repeat my advice posted in answer to your earlier question.

Based on your own description of the "online business" that you say you "help run" it will be hard for...
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2 Answers | Asked in Banking, Business Formation and Business Law for Ohio on
Q: I help run an online business, and I need advice

over the past month I helped with collecting the payments and sending them to the vendor for the items. The vendor never shipped any items, she made fake tracking numbers, and etc. People are saying they are going to report me because I took their payment but I have proof from my bank account that... View More

Matthew Williams
Matthew Williams
answered on Aug 4, 2019

You should hire an attorney to go through the transactions, the customer complaints, and the rest of your business to help you prepare to defend allegations that you are part of the scam.

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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

2 Answers | Asked in Business Formation, 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

Don’t have more information

Matthew Williams
Matthew Williams
answered on Jul 8, 2019

Any lawyer could sue a big company, but without more information none is going to.

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1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Do I have to give credit to former group members when starting up a software company?

I am interested in creating a program that I started in college for a capstone class. In the capstone class I worked with a group and did research for the program but we never finished it or put it forward as a complete product. I am using some of the feedback we received from the version of the... View More

Joseph Jaap
Joseph Jaap
answered on Jul 8, 2019

Ideas themselves are not patentable - they have to be put into use. If you alone write a program based on ideas developed by a group, then unless there was a contract or other agreement among the group or with the college, you own the copyright on the program, and are entitled to profit from the... View More

2 Answers | Asked in Banking, Business Law and Consumer Law for Ohio on
Q: I was informed and given a letter that I was approved for a $60000 home equity loan but they changed the amount.

I got a letter saying I was approved for a $60000 home equity loan. The next day I was called and told that they were wrong and it was only $40000. The next day I received a letter that stated I was approved for the amount of $60000 signed by a loan officer. I was later informed they wrongfully... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 18, 2019

Do about what? You asked for $60,000 and you are getting $60,000. Where's the beef?

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Ohio on
Q: Can you take someone to court for selling you a motorcycle with just a bill of sale and no title?

I sold a guy a motorcycle with just a bill of sale, title came in the mail days after the sale was made. He's threatening to take me to court because he has received the title I mailed him because he started to get hostile with me.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 21, 2019

Unless you surrender the title the prospective owner will probably sue you.

1 Answer | Asked in Business Law, Identity Theft and Real Estate Law for Ohio on
Q: adisneyworld.com is my domain name. can i use this domain name for amazon affiliate marketing?
Joseph Jaap
Joseph Jaap
answered on Apr 22, 2019

Disney is likely to sue you for trademark infringement, which could allow them to collect damages and their attorney fees from you. Use the Find a Lawyer tab to talk to a local trademark attorney before using that domain name.

1 Answer | Asked in Consumer Law, Business Formation and Business Law for Ohio on
Q: I bought a car through a dealership, A, and I make my official car payments to loan group B. Can A repo my car?

I bought a car through a dealership, A, and I make my official car payments to loan group B. I did not have enough money at the time for a down payment, but worked out a monthly plan with A while still making payments to B. So thats $420 to A, monthly and another $226 to B, monthly. I had about 3... View More

Joseph Jaap
Joseph Jaap
answered on Apr 9, 2019

If the car dealership has a valid lien on the vehicle for the amount you owe, then it could repossess the vehicle. Try to work it out with the dealer.

1 Answer | Asked in Contracts and Business Law for Ohio on
Q: I am trying to obtain a copy of Case# 2:2018CV01223. I am not a lawyer so how can I go about this?
Joseph Jaap
Joseph Jaap
answered on Mar 15, 2019

Check the court web's site for case search. Enter the case number. Or call the court.

2 Answers | Asked in Divorce, Criminal Law and Business Law for Ohio on
Q: If your wife signs her company over to one of her affiliates for free then files divorce do you have legal recourse?

I helped my wife start a company and completely carried it financially from my wages. The company was in her name solely as an llc. We live in a communicative property state (Ohio). The company has recently got to where it has the connections and is begging to gain contracts and become profitable.... View More

Joseph Jaap
Joseph Jaap
answered on Mar 1, 2019

Yes, you have legal recourse in a divorce. Marital assets are subject to division, including assets improperly transferred. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the details and advise you of your options.

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1 Answer | Asked in Contracts and Business Law for Ohio on
Q: Do church Members have the right to see their Minister's contract?

Our congregation is very unhappy with the Minister because he has not upheld the terms of the original contract he signed four years ago. He re-wrote his own contract, without input from the Board, and refuses to show it to Members of the congregation who have asked to see it.

Joseph Jaap
Joseph Jaap
answered on Feb 4, 2019

If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Ohio on
Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak
Neil Klingshirn
Neil Klingshirn
answered on Jan 27, 2019

First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are... View More

1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: How can we submit response filings in OH if we are located in CA?

We need to file production of documents and interrogatories and we do not have OH representation.

Joseph Jaap
Joseph Jaap
answered on Jan 3, 2019

Your counsel in CA should be able to handle that, or you can retain local OH counsel to assist with the filing. Use the Find a Lawyer tab to retain a local litigation attorney in OH where the lawsuit has been filed.

1 Answer | Asked in Employment Law and Business Law for Ohio on
Q: What happens to a business if the sole proprietor goes to prison for sexual misconduct with a minor?

I have been managing the business for 7 years and would like additional advice on how to legally take ownership of the business if he gets incarcerated. No charges have been filed yet, but I would like to keep my job, as well as keep the jobs of all the other employees who work there.

Matthew Williams
Matthew Williams
answered on Nov 14, 2018

Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.

1 Answer | Asked in Business Law, Contracts and Small Claims for Ohio on
Q: Can i sue in small claims court for money someone "owes" me in purchase agreement plus the max $6000 you can sue for?

They have breached the contract completely to buy a small business, business and taxes are in good standing, the purchase agreement has been signed, and they are still promising they will pay even after the extension we gave past closing date. They have caused a lot of damage, the contract does not... View More

Joseph Jaap
Joseph Jaap
answered on Nov 13, 2018

The maximum award in small claims court is $6000. In municipal court it is $15,000. Beyond that amount, or for specific performance, it is Common Pleas Court.

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