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Ohio Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Construction Law for Ohio on
Q: We built a home almost 3 yrs ago and the leach field failed within months. It took the builder 2 1/2 yrs to fix can I ??

They still haven't taken care of warranty work they promised to do as recent as 2 months ago up till this last conversation and now that I said we were done with the games he now has sent me a bill for money that was owed at one time but he waived as good will gesture because of how long it... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 16, 2019

Cannot imagine that the work taking 2 1/2 years did not breach at least a portion of the contract. Was it properly permitted and installed by a licensed installer? The emails may establish a waiver. Have you been able to stay in the house? I would imagine that an occupancy permit was not issued.

1 Answer | Asked in Bankruptcy, Consumer Law and Tax Law for Ohio on
Q: How to handle a difficult local tax issue?

I have tried countless time to make payment arrangements on a local tax which I owe. The agency will not negotiate with me at all. The original debt was $1600. The agency tacked on any additional $1900 in fees and interest. They will only allow 18 months to pay off the debt. I have a small... View More

Timothy Denison
Timothy Denison
answered on Dec 4, 2019

If you file bankruptcy, it stays ALL collection efforts.

1 Answer | Asked in Consumer Law for Ohio on
Q: My veteran husband passed on Sept 16,2019.Only his name on title and VA loan.

Will my credit be ruined if I give house back to lender or his credit??

I cant afford to live here with only $900 mo. income.Please help.

Taylor P Waters
Taylor P Waters
answered on Oct 30, 2019

No, if your name is not on the note then your credit shouldn't be affected. You might be able to sell the house and get out from under it with a profit though, depending on your circumstances.

1 Answer | Asked in Consumer Law and Collections for Ohio on
Q: A collection agency sent me a pre legal notice in reference to an unpaid unsecured debt. If they sue,

Is my home, owned with my husband, a potential asset in a judgement? The agency is Midland Management and I reside in Ohio

Taylor P Waters
Taylor P Waters
answered on Oct 30, 2019

You might have an FDCPA claim against them, so don't be so quick to allow a judgment to happen. These things can often be fought, and fought effectively.

As for the judgment, yes. It is possible they could file a lien on your house.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: I'm having a new house being built by Schumacher. the driveway & sidewalk cracked a few days. they want fix it.

I haven't taken possession of my house or even had my first walk through. we have not even made our last payment. I live next door so i watched all of this and informed them. They said they are not going to fix it. Are they responsible to give us what we paid for. we did not pay for a cracked... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 6, 2019

Some cracking in the driveway and sidewalks occur, but it seems odd that it would occur so soon in your concrete. If you still have funds left to pay, I would have the driveway and sidewalk inspected before making any further payment. Make sure you use a reputable expert in concrete issues, not... View More

1 Answer | Asked in Consumer Law and Small Claims for Ohio on
Q: I bought a used car from dealer. They couldn’t get me a title so I took car back and They gave me a check that bounced.

They had bought the car from an auction and sold it to me for $3600 with no warranty with temporary tag. Then engine showed damage a week later. I thought my only option was to sell car as is to get something back. However dealer could not get me a title for the car! I called them and because of... View More

Taylor P Waters
Taylor P Waters
answered on Aug 23, 2019

You can file a small claims action against them n your local municipal court. Bring all your paperwork, proof of the check bouncing, and all communications from them.

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: My boyfriend got a letter in the mail from ford that they have a motion to release fund, what does this mean?

He has been being garnished for about 5 months now and we just got a letter in the mail saying the court has granted the plaintiffs (ford) the motion to release funds.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 13, 2019

It means that Ford asked the court to release the money collected from your boyfriend's garnishment and that the request has been granted. Say goodbye to the money.

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1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Can I back out of a home repairs contract?

Hello,

I entered into a contract with a contractor for home repair services. The work was divided into three separate sections. He’s completed two of those, and not yet started the third. If no expenses have occurred in the third section, can I back out and pay for only the first two?... View More

Taylor P Waters
Taylor P Waters
answered on Aug 5, 2019

Probably, but it will depend on what your contract says and whether the Ohio Consumer Sales Protection Act or Home Solicitation Act apply and can strengthen your position.

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Ohio on
Q: I purchased a instrumental directly from a seller and agreed to take the instrumental down off of YouTube and it‘s not

I purchased a instrumental directly from a seller. I found the instrumental on YouTube and contacted the person who made it. He doesn’t sell through a trusted site because he said it takes a good portion from his sales and does it directly. He also informed me that he will take it down from... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 30, 2019

It sounds like the real reason the seller does not use trusted sites to market his stuff is because he can sell the same stuff over and over and over to many trusting people like you if he uses his own site to bilk unsuspecting people. You might want to hire a lawyer to investigate this dude and... View More

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: Is it "Bait and Switch" when offered a price, and when time comes to sign for a car the price is higher?

The salesman then lied to me and told me the increase was due to bank fees for the loan. Now that I'm a customer of said bank, I've inquired about those "fees"; they've informed me there are no fees or charges to apply for an auto loan. Original price was $16993.00 and at... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 26, 2019

No, bait and switch is when they advertise a particular car for some very attractive amount of money (the bait) and then when you get there to buy it, they tell you the car you wanted was sold--and then try to move you up to a more expensive car (the switch). It is hard to tell why they jacked the... View More

2 Answers | Asked in Consumer Law, Contracts and Animal / Dog Law for Ohio on
Q: I have a question on consumer laws regarding purchase of a puppy from breeder in Ohio. I am in Pa.

I found a puppy online. I contacted the owner on FB msger but got no reply. I then saw the same puppy listed with another woman claiming to be seller's mom. I messaged her about the puppy, and we made arrangements. I never actually spoke with the daughter. Mother disclosed that the pup had... View More

Taylor P Waters
Taylor P Waters
answered on Jul 10, 2019

It depends on what the contract says regarding the deposit. It does seem like there are multiple red flags here and you might be dealing with an Amish puppy mill situation. If you had a firm agreement that you could get the puppy for the week of July 9, that might be sufficient to get the deposit... View More

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1 Answer | Asked in Consumer Law for Ohio on
Q: Is it fraud if dealership lies about vehicle make on temporary tag registration?

The vehicle i just got has many problems with it, that showed as soon as i drove off the lot, plus has many recalls i was unaware of beforehand. Not sure what to do at this point its a Saturn and the vehicle registration says Chevrolet. They will not return my calls. I just got it friday.... View More

Taylor P Waters
Taylor P Waters
answered on Jul 8, 2019

It is likely a misrepresentation for which they would be liable. Please see the following: https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/consumers-should-know-rights-when-buying-used-cars/

1 Answer | Asked in Consumer Law and Real Estate Law for Ohio on
Q: Paid for trailer, we have title in our hands. Previous owner won't give keys yet and keeps changing date. Ignoring us.

On phone owner said July first. Leading up to June 2nd she kept saying June 17th. On June 2nd we handed her cash at the BMV, and we immediately got the title in our name and we have the title in our hands. June 17th she had an issue on her new home and their closing date for her new home. ... View More

Taylor P Waters
Taylor P Waters
answered on Jul 2, 2019

If she does not vacate you may end up having to file an eviction suit.

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 Consumer Law, Contracts and Small Claims for Ohio on
Q: i cancelled my airbnb reservation 32 days in advance. The host let me cancel with no fees.

air bnb wants to keep $400, 1st they said the host fees applied. the host let us cancel with no fees or charges. air bnb said then that they were keeping the money since they did their job as an online travel arrangement site. tho i have pictures from the host saying we were cleared & invited... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 24, 2019

Technically, your contract was with Airbnb. If you utilized Airbnb's extensive (and costly) international booking system and paid the booking fee, and if Airbnb did everything they promised to do then--unless the contract allows some percentage refund--they should be entitled to keep your... View More

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Ohio on
Q: Can a dealership knowingly sell a truck with under rated tires on it and hide this by dangerously over inflating them?

I purchased a used truck (2015 F-250 Super Duty) from 3/6. 3/22 the tire pressure low light came on.

The air pressure recommendations on the door placard of the truck recommended 80psi rear and 65 front.

I checked the max pressure on the tire sidewall and immediately noticed the... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2019

A starting point could be to bring the underrated tires to the attention of the dealership. If they agree to the issue you raise and are willing to work with you to remedy the problem, that might be the most cost-effective solution.

Tim Akpinar

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 Consumer Law for Ohio on
Q: Per Thompson vs. Smith do I have to have a driver's license and register my vehicle.
Matthew Williams
Matthew Williams
answered on Mar 28, 2019

Yes, you have to abide by the laws governing the licensing of driver’s, and the registration and insurance of vehicles.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Ohio on
Q: My apartment is flooded with sewage, what are my rights and responsibilities ?

How long do they have to contact me?

Joseph Jaap
Joseph Jaap
answered on Mar 11, 2019

Did you tell landlord about it? If the apartment is not habitable, then you must move out. If landlord won't pay the extra cost of your alternate living accommodations, then you would have to sue landlord to get reimbursement for that and for replacement of any lost property you have to... View More

2 Answers | Asked in Consumer Law and Landlord - Tenant for Ohio on
Q: What defines an emergency in maintenance apartment complex?
Matthew Williams
Matthew Williams
answered on Mar 10, 2019

Common sense. The most common emergencies are gas and water leaks and fire. But there are any number of other possibilities.

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