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Ohio Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: We are going through final inspections on a demolition. What is expected timeline on final payment?
Tim Akpinar
Tim Akpinar
answered on Dec 28, 2023

An Ohio attorney could advise best, but your question remains open for three weeks. That's something that would be set by the contract for the project, based on what the parties agreed to. Good luck

1 Answer | Asked in Consumer Law for Ohio on
Q: Is it legal for a merchant to charge a fee to use your debit or credit card? i.e. POS is $4.50, they charge me $5.50?
T. Augustus Claus
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answered on Oct 27, 2023

In Ohio, merchants are generally allowed to charge additional fees for using a credit or debit card, as long as certain conditions are met. However, it's crucial to note that these surcharges or additional fees must comply with the regulations set forth by credit card companies and state laws.... View More

1 Answer | Asked in Consumer Law for Ohio on
Q: I sold a used item with no warranty in working condition. The buyer inspected it and agreed to the price. Now wants refu

He stated I welding on the unit but I didn't but claims he can prove otherwise. Does he have a case?

T. Augustus Claus
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answered on Oct 23, 2023

In Ohio, when you sell a used item with no warranty and the buyer inspects it and agrees to the price, it typically constitutes a private sale under the principle of "caveat emptor," which means "let the buyer beware." This means that the buyer is responsible for inspecting the... View More

1 Answer | Asked in Consumer Law for Ohio on
Q: If I request an itemized statement from a credit card company, do they have to provide it?

I have made electronic and paper check payments. I don't think the credit card company is actually applying both to my balance; both payments are coming out of the accounts and are listed on this company's website (in completely separate spots), but it looks like they're only... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Aug 23, 2023

The short answer is: probably. The longer answer is that their legality in withholding this information — or refusing to put it in one spot — somewhat depends on whether they are considered a banking institution or a third-party nonbanking institution (a private LLC, for example). Most lenders... View More

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Ohio on
Q: in Ohio, are HOA's allowed to charge finance charges? they are not a lender or creditor and yet i was charged $3.12

i was late one month and was charged a late fee of $25 which i understand is ok, but also a finance charge. there are no terms and conditions stating this charge and they are not a lender that i am borrowing money from. is this allowed and if so, why?

Joseph Jaap
Joseph Jaap
answered on Aug 7, 2023

If the full amount owed to the HOA, including finance charges, is not paid, then the HOA can record a lien and foreclose it if not paid. The judge would decide if the finance charge is allowable based on the HOA declaration and any actions taken by the HOA board of directors to implement finance... View More

1 Answer | Asked in Consumer Law, Contracts, Family Law and Adoption for Ohio on
Q: We were told getting licensed to foster/adopt was free, but now we're being charged. Please see the details.

We took training to foster to adopt. We took all of the training, did everything that was asked of us, and read everything before signing anything. They told us that we are licensed through the state of Ohio to foster to adopt. We have located several children that are up for adoption in other... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2023

Write the caseworker from Children Services and ask if you might qualify for a waiver based on income. It sounds like your issue is with a private provider rather than a state agency based on the facts of your question.

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Communications Law for Ohio on
Q: I went through a humiliation in a WhatsApp group, I scheduled a procedure with someone and they came to humiliate me in

I went through a humiliation in a WhatsApp group, I scheduled a procedure with someone and they came to humiliate me in a WhatsApp group because I didn't show up, I paid in full for the service but even so she humiliated me, I'm suffering a lot therefore

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2023

An Ohio attorney could advise best, but your post remains open for two weeks. Unfortunately, despite the bad treatment from the person, a practical legal recourse could be difficult - law firms don't usually handle such matters on a contingency basis. You could reach out to attorneys to try to... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How long can a contractor take to bill me?

Had roof done on 5/5/22. City inspector found out they didn't have permit. They apparently have an issue with getting the permit and still do not have it. This has been over a year now. I have the money waiting to pay them and am of course willing to pay them if they ever get their legal... View More

Nicholas P. Weiss
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answered on Jun 6, 2023

They can bill you whenever. If there was a written contract then they have six years from the last date of work performed to bring a claim against you for non-payment.

If they were required to get a permit, and didn't, then you have a strong claim under Ohio's Consumer Sales...
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1 Answer | Asked in Consumer Law, Real Estate Law, Constitutional Law and Federal Crimes for Ohio on
Q: Does a trailer park have to fix a broken mailbox? Right now all of our mail is being held at the post office.

The mail boxes old and the lock system is now broken so the mail carriers can not open it to deliver our mail. It has been 3 weeks! Does the owners of the park have to fix this and how long do they have?

Todd B. Kotler
Todd B. Kotler
answered on Jun 3, 2023

This would depend entirely on your agreement with trailer park. Trailer parks so not fall under the landlord tenant act unless you are renting the trailer rather than just the lot.

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

1 Answer | Asked in Bankruptcy and Consumer Law for Ohio on
Q: I am in the middle of a junk debt lawsuit

I had court scheduled on March 31st, I went into court and they told me that there was no court that week they investigated why and told me on March 15th the plaintiff filed a motion for summary judgment, up to this point, I have been doing this Pro see and now I'm in a bind the scheduled a... View More

Timothy Denison
Timothy Denison
answered on Apr 5, 2023

Call you local bar association or legal aid society. They maintain lists of lawyers who can help you. April 19 is two weeks away. Get on this tomorrow and you will have enough time.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Federal Crimes for Ohio on
Q: I live in Ohio, I was hired with the understanding I had the card. Hr found out and terminated due to drug policy.

They are a BWC drug free workplace but I was 10-99 and not even an employee. I never took a pre or post drug test. Is this legal?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

Yes. Even if you were an employee, Ohio allows for termination of employees who use medical marijuana.

1 Answer | Asked in Products Liability, Consumer Law and Small Claims for Ohio on
Q: I need a lawyer for negligent work done to my vehicle & insurance paid for parts that were never replaced.

Nov ‘21 my car was in an accident that caused the whole engine to be replaced, radiator & battery. Jan ‘22 I received my car back & a week later the serpentine belt came off 2 times in 2 weeks. Nov ‘22 I hit a deer on my way to work. I received my car back in December ‘22 &... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 18, 2023

I am working on several cases similar to this. I need to learn a little more.

1 Answer | Asked in Consumer Law, Contracts and Banking for Ohio on
Q: Are down payments illegal? If so can I get my money back?
Matthew Williams
Matthew Williams
answered on Dec 23, 2022

Down payments are not illegal. They are legal and ubiquitous.

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: Hired contractor to "raise and level house" Fix failed two months after paid in full (20K). What recourse do i have?

I filed a complaint with BBB and have all documentation, including contractor's acknowledgement of failed fix. What are my next steps?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2022

If you are in a municipality that requires a contractor bond, then you can make a claim on the bond for the work that is not up to code up to the value of the bond. Otherwise you will have to bring a lawsuit against the contractor. It is likely that you would have a claim under the Consumer Sales... View More

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Ohio on
Q: I sold a mobile home to a guy, He paid me cash for it. We agreed it had to be moved off the property it is sitting on

The buyer got a permit and hired a company to move it.

The company came and took the wrong trailer. They brought it back.

Then they called the buyer and told him that the trailer he bought was unsafe to move.

The trailer I sold to buyer is in better shape than the trailer... View More

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2022

He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... View More

3 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Ohio on
Q: Debt collector is suing me in court in indiana. I currently live in Ohio. I havnt lived in Indiana since 2015.

They want me to set up payment or go to court. I can’t go to court it’s 7 hours away can’t take off of work. Is there anything I can do or can I just ignore it?

David Luther Woodward
David Luther Woodward
answered on Apr 5, 2022

Talk to a bankruptcy lawyer in your community to help you evaluate your options.

Good Luck

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1 Answer | Asked in Consumer Law and Banking for Ohio on
Q: I went to deposit 2 checks into my bank. I’ve had the account for at least 10 months. They’re holding my checks 10 days.

Is this even legal? I’ve got bills to pay. Family to feed. I deposited 3/25/22 and was told there’s a hold on it until 4/4/22.

Matthew Williams
Matthew Williams
answered on Mar 28, 2022

Holds on checks are not uncommon and legal, particularly if the check is out of the ordinary for the account. A check is not money, it is a promise to deliver money. When you give a bank a check, it has to clear through the federal reserve system before your bank actually gets the money from the... View More

1 Answer | Asked in Consumer Law and Small Claims for Ohio on
Q: Do I have any rights to void an agreement? Signed an agreement with an unlicensed contractor for repairs

He won't give me the receipts that I already paid him half upfront that was in the agreement, but also he lied telling my bf how much he would get for work.

Bridget Sciscento
Bridget Sciscento
answered on Feb 1, 2022

You may have a claim for breach of contract and/or a claim under the Ohio Consumer Sales Practices Act. You have not given a lot of details such as if the contractor has completed the work that you have paid him for. I would suggest reaching out to an attorney for an initial consultation.

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