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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts for Ohio on
Q: Within Contract Law do the Courts typically decide if a written contract between two equal parties is fair to both?

Why or Why not?

Joseph Jaap
Joseph Jaap answered on Apr 6, 2021

The court decides the claims asserted by the parties to the contract. If two parties of equal bargaining power agree to the terms of a contract, the court might not have any reason to second guess what they agreed, even if the terms favor one of them. But issues raised by the parties to the... Read more »

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: Can my employer drop my pay within a month if hiring through contract?

Started new job under contract, contract states 24$/hr, boss is threatening to drop it to 23$ for asking questions. Is he allowed to do that?

Joseph Jaap
Joseph Jaap answered on Mar 23, 2021

Nothing stops him from making threats. But if he does breach your contract by reducing your pay, then use the Find a Lawyer tab to retain a local employment attorney to review the contract and all the facts, and advise you of your options.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Contract law

On July 20, 2020 I signed a contract for windows for my home (around $7,000). On 9/10 I got an e-mail telling me the windows would be ready 10/29. It is now 2/26/21 and they tell me they will install on 3/29. On 2/11/21 I sent them an e-mail stating that as a commission salesperson the bottom... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 26, 2021

A lawyer would have to review the actual contract terms to determine if you have a right to cancel, whether their delay was a breach of contract or if the virus lockdown excuses the delay, or whether they failed to comply with all the required consumer protection notices and right of cancellation... Read more »

1 Answer | Asked in Business Law, Contracts, Landlord - Tenant, Estate Planning and Probate for Ohio on
Q: Is my mom responsible for payment of a business lease if she is not on it? Dad died, no will, landlord wants a yearof $

My dad signed a 2 year business lease on 1-19-2021. He passed away 1-31-2021. He leased for 30 years from the landlord, was never late with his payment and now the landlord wants my mom to pay him a year's worth of rent to end the lease. She was never on the lease. They were married for 60... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

If your mom is not a guarantor or co-signer then she has no liability to the landlord and should not pay anything.

1 Answer | Asked in Contracts for Ohio on
Q: An amendment for $ for repairs was not added to closing when selling my house. Closed 5 weeks ago. Do I owe the money?

Signed an amendment for 1200$ to be left in escrow for repairs. Closed on selling the house. Now 5 weeks later realtor contacts me asking to give buyer 1200$. Apparently their realtor failed to submit it to the title company and the money wasn’t left in escrow. Am I legally required to just hand... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 27, 2021

If the title company released the $1200 to you already, because the agent failed to notify them, then it is the agent's problem -- unless you feel obliged to refund it for the buyer to make repairs. You aren't "legally" required to pay anything until someone files a lawsuit and... Read more »

1 Answer | Asked in Contracts and Collections for Ohio on
Q: Can I be arrested for failure to repay a loan?

I got a call that said if I don’t call back that they would be obligated to take the case to court and advised find my location.

Tim Akpinar
Tim Akpinar answered on Jan 19, 2021

This is something that an Ohio attorney could advise best on, since it could involve elements of state law. But your question remains open for a while. Until you can reach out to an Ohio attorney for more meaningful guidance based on the specific facts of your situation, as a GENERAL premise... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Ohio on
Q: I am 1099 employee with employment contract. If I get furloughed , does the company still owe $$ for previous sales?

I have an employment contract/non-compete agreement. Would this agreement be null and void also?

Drew Chalfant
Drew Chalfant answered on Jan 11, 2021

The terms of your contract between you and "employer" would govern what happens if services are suspended and you had made sales that qualify for payment prior to the suspension. Often times, employers will put people on 1099 arrangements when in fact they have a more traditional... Read more »

2 Answers | Asked in Contracts, Estate Planning and Probate for Ohio on
Q: Is a will valid if the executor is dead and the minor children listed as beneficiaries have since become adults?

About 30 years ago, my father, who recently passed away, created a will listing my grandmother as executor and me as guardian of estate along with my supposed half-brother. My grandmother passed away 13 years ago, I am in my mid 30s, and my supposed half-brother just turned 30. Would his will from... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Dec 26, 2020

The will is still valid.

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1 Answer | Asked in Contracts and Civil Litigation for Ohio on
Q: a man told me and my girlfriend he'd take care of us til we die if we'd take care of him til he died.now she's keepinit

they were married yet separated 10 years.thru probate she gets everything.i did my oath to him.weres my payout?he didn't have a will

Tim Akpinar
Tim Akpinar answered on Dec 21, 2020

An Ohio attorney could advise best, but your post remains open for a month. There's no guarantee that all questions are picked up, but you could repost and include Probate and Estate Planning as categories. If you still get no response, you could reach out to Ohio attorneys for more meaningful... Read more »

2 Answers | Asked in Contracts for Ohio on
Q: My husband is our only source of income and has lost his job due to covid. We have made arrangements to live with family

But the buyout fee is several thousand dollars and they won’t accept multiple payments... if we could afford that, we wouldn’t be moving… Is there no such thing as a hardship action for Ohio?? Is there any kind of legal help because of the current pandemic with so many people losing their jobs?

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 3, 2020

I am assuming that you are currently in a lease or rental agreement. If an eviction action is filed for non-payment (as you are probably leaving regardless), then you can request a stay based upon COVID and the CARES Act. The CDC now requires you to file an affidavit that you have attempted to... Read more »

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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Ohio on
Q: Can I back out of estate contract?

Oct 29th: I entered a real-estate contract to purchase a house. the contract says to close on or before Nov 30th. (email)

Nov 16th: I did let my agent know that I'll be out of the town on Nov 25th for 7 days, and will try to close sooner (texting)

Nov 18th: I was cleared to... Read more »

Aaron Epling
Aaron Epling answered on Nov 23, 2020

If the seller can't close before Nov. 30th, then that is a breach of contract and you can terminate. They will likely ask you to sign an extension, but you aren't obligated to do so.

If the seller is able to close by then, you can still terminate the contract if you want. This...
Read more »

1 Answer | Asked in Business Law and Contracts for Ohio on
Q: If my credit report says my auto loan is closed but finance company is harassing me can I walk away from car?

Can I walk away with no obligations in Ohio? It clearly states account is closed and the harassment and interest rate alone may kill me and cat is falling apart. I need nee car ASAP. Please help

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 20, 2020

1. FYI, your credit report status has nothing whatsoever to do with your auto loan status.

2. The lender can continue trying to collect from you until you pay off the car loan.

3. And finally, "walking away" will do no good either.

Again: You still owe the...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for Ohio on
Q: Can a person who sold me a car with a title that was not in his name get in trouble after taking my money

Paid $600 for car I have title and keys. Also paid $300 for a trailer no title. Now the trailer is impounded and the person on the title doesn't want to sell it to me but her boyfriend already took my money

Matthew Williams
Matthew Williams answered on Nov 10, 2020

Yes, you can get into trouble for selling things that do not belong to you. That's both fraud and theft.

1 Answer | Asked in Contracts for Ohio on
Q: Can I live with my mom if ain't on the lease, as long as th rent is paid up front
Matthew Williams
Matthew Williams answered on Nov 5, 2020

It depends upon what the lease says about other residents. Many leases spell out exactly who is permitted to reside there.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I am part of an HOA that is not keeping up on an agreement related to drainage of common areas. How can I force action?

A section of my HOA's Declaration of Covenants, Conditions, Restrictions and Easements clearly states that they are responsible for storm water drainage in common areas of the neighborhood: "It shall be the obligation of the Association to properly maintain, repair, operate and control... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 2, 2020

Talk to other board members and persuade a majority to act. Or find other homeowners who want action taken with you and are willing to serve on the HOA board, and try to get a majority of new board members elected to take that action. Otherwise, use the Find a Lawyer tab and retain a local real... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Exclusive Rights to Represent buyer was not signed by all parties. Is the broker entitled to 3% of the purchase amount?

Exclusive Rights to Represent buyer ("Agreement") is between the "Client" which has 2 names on it and the "Broker". Only the broker and one person mentioned in the "Client" section signed the agreement, the other person that is listed as client refused to... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 27, 2020

If the broker files a case in court, that makes it a "valid case" against the one client who signed, and that defendant must file an answer to the complaint by the deadline. Whether broker's case can succeed, depends on the contract and all the facts. Defendant must discuss all... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: We tried that but we are told because we are on Social Security, we need a lawyer !
Joseph Jaap
Joseph Jaap answered on Oct 22, 2020

If you have been advised to retain an attorney, use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Contracts for Ohio on
Q: How do we take our son off as our POA ?
Joseph Jaap
Joseph Jaap answered on Oct 22, 2020

Send him written notice of termination. If it is a financial POA, also notify any banks, insurance companies, or others with whom you might have business dealings that his POA has been terminated. If it is a health care POA, notify your doctors and other medical facilities where you are a patient.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: My landlord got into an agurement with my boyfriend who isn't on the lease but she knew he was staying here. And now she

she says she doesn't want him here and that she'll give me a great recommendation. Is that legal? I've just signed a one-year lease with her.

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

It depends on what your lease says about having other occupants stay in your premises. If she tries to evict you, then use the Find a Lawyer tab to retain a local real estate attorney who handles eviction matters to review the situation and advise you. Note that an eviction is a permanent public... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: We signed a lease but have not moved in yet. We haven't paid first month lease amount. Are we able to get out

Leasing agent told us 1210 but they put 1220 on our lease we are supposed to move 10/24 but possibility of 10/21 if they send us new lease can we get out of it with new date?

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

You'll have to work it out with landlord. If you signed a lease, then fail to move in and pay rent, landlord can sue you for breach of the lease. Use the Find a Lawyer tab to retain a local real estate attorney who can review the lease and all the facts, and then advice you of your options... Read more »

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