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Ohio Contracts Questions & Answers
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 »

1 Answer | Asked in Contracts, Construction Law and Consumer Law for Ohio on
Q: Hello, I recently had a drain field re dug in my septic system. The cost was $5500.

Within a few months the same issue began. We contacted the company who performed the initial work and through numerous attempts and 8 missed appointments on the company's end, the issue is still not fixed and our renters are threatening to move out. Additionally, the septic company instructed... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 28, 2020

You can sue the contractor in small claims court up to $6000. Check your local court for the form to file. But you must present proof that the work was not done properly, so have another contractor inspect and provide a written quote for repairs. Or use the Find a Lawyer tab to retain a local... Read more »

1 Answer | Asked in Contracts and Insurance Bad Faith for Ohio on
Q: Is the insurance co. obligated to show me the private investigators report they hiredfor a renters ins. claim?

This claim has been drug out since May and they refuse to return my calls

Tim Akpinar
Tim Akpinar answered on Sep 27, 2020

An Ohio attorney could answer best, but your question remains open for four weeks. With most types of property damage claims, there isn't usually an issue in providing copies of, or disclosing findings of reports. It's difficult to speculate what could be causing the protracted course of... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: purchased a house that has a lifetime waterproofing on basement. It leaks and the company won't return calls. Rights?
Joseph Jaap
Joseph Jaap answered on Sep 25, 2020

Determine if the warranty was transferable. Just because it was lifetime, that might have only been to the prior owner. It might not transfer to a subsequent purchaser. And even if it is transferable, there might have been some requirements to register and transfer the warranty. Pull out the... Read more »

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Iij am asking for an elderly friend. His land lord is terminating his lease.. but the tenant does not want this..

He has lived here over 20 years. I know the land lord is terminating this lease because he cant raise the rent to what he gets from new tenants.. he also has wants to make renovations on this apartment. Wich I understand. But does my friend have to be homeless because of the landlords needs

Joseph Jaap
Joseph Jaap answered on Sep 24, 2020

If the tenant's lease is not expiring, landlord cannot make him leave until the end of the lease term. But if the tenant's lease is expiring, then unless the lease gives tenant an automatic renewal or a right to renew, landlord is not under any obligation to renew or extend the lease... Read more »

1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: How long does a contractor have to hold his price, if the proposal was signed and accepted and no T&C's are on proposal?

I received a proposal on 07/28/20 for a pole barn to be built. Prior to the contractor ordering the material package, we had to obtain engineered drawings and a building permit per the contractors verbal instruction. I signed and accepted the proposal same day. Today, I received a revised quote... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2020

There is no specific law. If you don't agree to the increase, the contractor is unlikely to build your project. You could claim a breach of contract, select another contractor, and if the other contractor charges more for the same construction, you could sue the first contractor for the... Read more »

2 Answers | Asked in Consumer Law and Contracts for Ohio on
Q: Contractor Agreement, can I get out of it

While I was in the hospital my husband took over my hunt for a contractor to complete roof/siding/gutter and potentially window replacement. He arranged and signed an agreement with a contractor. The agreement only covers items in the event we would be rewarded money from the insurance. I am also... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 16, 2020

You question cannot be answered without a review of the contract. The contractor might not have complied with all the consumer protection requirements, which could allow you to terminate it. You can try terminating it yourself, but the contractor might then sue you. Or you can use the Find a... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Hello, currently I am in bind with my leasing office. Its about a lease they say we signed but we didn't.

Our leasing office came over one morning unannounced disccusing with us possible options on place they had available that was larger then where we were. So they came over with the paper work for us to sign to lock in the price. With that they also said it wasn't a lease and that we can opt out... Read more »

Warner Mendenhall
Warner Mendenhall answered on Sep 15, 2020

Attorney's need to see what you documents you are referring to to give you an opinion. It sounds like it is a rental agreement that requires you to give 60 days notice before leaving. If you did not sign anything you could give them 30 days notice and leave.

1 Answer | Asked in Contracts for Ohio on
Q: Me and my girlfriend signed a contract (read carefully) for a German Shepard signed by both parties and they are refusi

To give us the dog or money back and we would like to press charges. I have proof of everything

Joseph Jaap
Joseph Jaap answered on Aug 31, 2020

File a police report. But there will probably not be criminal charges. The police probably will advise you to sue them in court for breach of contract.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Buyer has approval but house value lower than asking price in appraisal contract had already been signed but mortgage

Won't go above appraisal

Joseph Jaap
Joseph Jaap answered on Aug 28, 2020

Either seller has to agree to a lower price, or buyer can't get a loan and close the purchase - so the contract must be terminated.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: If a person has purchase agreement on a house and has out earnest money up. And all is good until appraisal comes back l

Buyer has no more money and mortgage company won't approve loan for more than appraisal what options does buyer have and realitor puts house back on market and doesn't tell buyer trying to buy

Joseph Jaap
Joseph Jaap answered on Aug 28, 2020

If buyer cannot get a loan,and is unable to get money to close the purchase, then buyer should terminate the contract under the financing contingency, and seller should return the earnest money to buyer. The realtor should have buyer and seller sign a contract termination and mutual release. Or... Read more »

1 Answer | Asked in Business Law, Contracts, Health Care Law and Collections for Ohio on
Q: Can do anything to fight my health insurance company for an over payment claw back? What type of lawyer do I need?

I started a new career 2 years ago and was able to get health insurance through my company. I have some health issues, so rather than cancelling the insurance coverage from my wife, I had her policy switched to my secondary insurance and my new policy as my primary. Yesterday we received a stack... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

An Ohio attorney could advise best, but your question remains open for two weeks. What type of lawyer? It looks like you already did a good job of identifying the categories - health care law and collections. You could reach out to attorneys in those categories. If you engage an attorney who would... Read more »

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: Can a contract automatically renew if there is a termination amendment stating written agreement needed for extension?

I have an employment contract that has a two year term and an ability to automatically renew on an annual basis after two years, however there is an amendment clause stating that the agreement cannot be amended, altered, modified or extended except by written agreement signed by each party. There... Read more »

Matthew Williams
Matthew Williams answered on Aug 22, 2020

If the contract says it automatically renews, and it says it cannot be changed except by written agreement signed by both parties, and there is no written agreement signed by both parties, then it automatically renews just like it says.

1 Answer | Asked in Contracts, Criminal Law and Estate Planning for Ohio on
Q: What does being power of attorney for an inmate entail?

My close friend is currently in jail and would like to give me power of attorney. Currently, his family has his money, bank account information, social security card, as well as other important legal documents. He does not trust his family to have his best interest due to them being the ones that... Read more »

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

As power of attorney you would be able to look out for the inmates financial interest and do the same as he would. There are laws against using his assets for self interest and that should be avoided.

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Can I get a lawyer to review a lease?

I am communicating with a potential new landlord via email and he sent me the lease agreement. Is there an attorney that can review it and tell me if it's legit?

Joseph Jaap
Joseph Jaap answered on Aug 17, 2020

Yes. Use the Find a Lawyer tab and hire a local real estate attorney to review the lease and advise you. But a landlord is unlikely to make any changes.

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1 Answer | Asked in Contracts for Ohio on
Q: Are we liable for the remaining lease (see details below)?

We have two doctor notes and gave 30 days notice with the doctors letters. Climbing steps risked a fall with more serious injury. The landlord has sent us a bill for the remaining rent until they rented the unit. In Ohio Are we liable?

Joseph Jaap
Joseph Jaap answered on Aug 17, 2020

A doctor's note provides no legal basis for a tenant to terminate a lease.

Tenant is responsible for the full amount of rent for the entire lease term until the lease expiration date. If tenant leaves early, tenant is liable for the remainder of rent until the lease expiration date,...
Read more »

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