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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts for Ohio on
Q: can an orthodontist refuse to allow me to schedule an appointment until speaking with my father if I am 21 years old?

the braces are paid in full and i no longer live with my parents.

Joseph Jaap
Joseph Jaap answered on Feb 26, 2020

There is no law prohibiting that, but as an adult, you should be able to schedule your own appointment. You could tell the orthodontist that you will make a complaint to the state licensing board. Or you could switch to a different orthodontist. But another might be reluctant to take over your... Read more »

1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: What legal action can I take if my roomate is getting me evicted?

My roommate hasn't been paying his rent on time since October, but I never knew until December because neither he or the landlord told me. I was sent a possible eviction notice in December by the landlord and that's when I found out. I paid my half on time every month, but every month because of... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 25, 2020

If both you and your roommate signed the lease, then you are both fully liable to pay the entire amount of rent owed - joint liability. In an eviction, the landlord can sue both of you, get a judgment, and then collect from one or both of you, whichever landlord chooses. Try to work it out with... Read more »

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Alright so I have recently bought a car cash from a car lot with issues that are supposed to be fixed and now they won'.

Alright so I have recently bought a car cash from a car lot with issues that are supposed to be fixed and now they won't. I asked for ALL disclosed problems and he said muffler and coil pack which he fixed, then he called me a day later saying the steering column is messed up and he said I can pay... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

If you can't work it out, you will have to sue in small claims court up to $6000, or in municipal court up to $15,000. Over that amount, sue in common pleas court. You would have to prove there was a warranty covering the problem or that the dealer failed to disclose known problems. Use the Find... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I am a seller contract Lease to Purchase. Doesn't the buyers monthly payments go to the mortgage payment?

Buyer thinks that her monthly payments only go towards the principle balance. She stated that she should have credit towards all the payments she's made. All the payments she made go to the mortgage.The lawyers have seen the paperwork and the mortgage payments and that's whats on the contract as a... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 14, 2020

Buyer has assumed that there is a default provision that the payments go towards the principle balance of the mortgage. Seller has indicated that the monthly payments go towards the mortgage payments. The language of the contract will determine the issue. The monthly payment being equal to the... Read more »

1 Answer | Asked in Family Law and Contracts for Ohio on
Q: Is there anything i can or should do if my ex husband forged my name on legal documents while we were married?

My name was forged releasing me from any claim to my husbands lawsuits. He had 2 and we were married at the time of both. I'm not sure if he has been compensated for either yet. I do know the names of the attorneys representing him in both suits.

Joseph Jaap
Joseph Jaap answered on Feb 11, 2020

Talk to the attorney who represented you in your divorce, or use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.

1 Answer | Asked in Contracts for Ohio on
Q: Can a friend sue you for labor costs for agreeing to install lighting in your home with no written contract?
Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 7, 2020

Your friend seems to be treating the installation of lighting as an arm's length contract for services. It was your understanding that he was simply helping you as a friend, or providing you with his services gratuitously. If there was no discussion of the terms, then there was no meeting of the... Read more »

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: Ohio Contract for home remodel. Client paid retainer fee to company that contracted but client decided to change plans

Plans kept changing totaling more than what was agreed and client failed to extend more payment for additional updates and provide a written change of order. Contract outlines that without written notice contractor can cancel. Client agreed to contract terms prior to start and now wants to sue the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 7, 2020

The contractor being able to cancel without notice does not, by itself, mean that the contractor is not responsible to return the "retainer fee". The contract should provide under what circumstances the "retainer fee" can be kept, and under what circumstances the "retainer fee" must be returned.... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: if a renewal lease has been signed, can the mgmt co. come back & say there is a discrepancy to re-sign you for higher?

The renewal lease was signed 12/30/19 (Month to month) and we were contacted 01/29/2020 to come back in due to a discrepancy in the rental amount. They’re saying that we renewed at $772 and it should’ve been $872. Can they legally change that amount after it has already been signed? The new... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 5, 2020

If the current lease is month to month, then if you don't sign the new lease at the higher rent, landlord can terminate the month to month lease at the end of a month by giving you a 30 day notice of termination.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Santander problems

We are still paying on our car for 6 yrs and still owe over 15000.00We were given a bad loan

Tim Akpinar
Tim Akpinar answered on Feb 3, 2020

It's unlikely that any attorney could offer meaningful input on a loan based on a few facts posted here. They would need to sit down with you and review the loan agreement. But it would be a consultation that you would probably need to pay a fee for, and it's likely that loan agreements made by... Read more »

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: For a company based in NY and OH. Workers fired after a month of work, this has happened multiple times.

A company hires a large group of people (150-200) for a seasonal position. The hiring manager gets commission for each person hired. 1-3 months later, the company fires all people hired. This has happened to multiple different groups over the course of a few years. Is this legal?

James J. Hux
James J. Hux answered on Jan 27, 2020

Unless there is some contract, this is unfortunately probably legal. I wish it wasn't, but there's not really anything that can be done about horrible management decisions.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Can condo board remove money from capital account and use it to pay self for unnecessary contract work?

Over 8,000 pdf to condo vice president for doing contract work for several major projects not discussed with condo owners ast.

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 19, 2020

The condo association operates the same as any other corporation. There should be bylaws and minutes setting forth what can be done and how it is to be done. There may also be an issue with self dealing

2 Answers | Asked in Contracts for Ohio on
Q: I signed a contract with a roofer and paid half upfront, he told me he was 2-4 weeks out 12 weeks ago,

Nothing in writing on the 2-4 weeks out. Can I legally cancel our contract and ask for my money back. He hasnt been returning my calls and has also given me several start dates the didn't happen. Or does this contract go on forever?

Joseph Jaap
Joseph Jaap answered on Jan 16, 2020

It depends on the specific terms of the contract whether he has breached the contract. But if the contract did not provide all the required consumer notices that are required, then you can cancel it and seek the return of the amount you paid. But if he is insolvent or declares bankruptcy, or you... Read more »

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2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: When is a fence contrator responsible for underground damages?

Fence contractor dug through my outside sewer line. Contract states they are not liable for unknown obsticles such as sewer lines. My question lies in do they carry any liablity in that they never informed us of the damage and moreover actually placed the fence post and concrete footing into the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 14, 2020

If their contract says that, and you signed it, then they might not be liable.

But they might not have followed all the consumer protection requirements to give you notice of 3 day right to cancel, etc. If those were required, and they didn't, then that could void their contract, so they...
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1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: How do I serve an eviction notice without a rental agreement and without ever receiving rent?

I let someone live at my house to get their life together and they haven't. I have told them time and time again that I do not want them here, and they refuse to leave. They are living here full-time and refuse to leave on their own. There is no agreement of any sort stating that they may live... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 14, 2020

You can still follow the normal eviction process, even without a written lease. You give them the required written notice to vacate, and if they don't, then you file the eviction. Check your local court web site for the eviction process, or use the Find a Lawyer tab to retain a local attorney to... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Is there any way to keep my LL from being financially/legally resp for a friend living with me if it doesn't work out?

I am in a lease agreement and a friend is temporarily going to stay with me. Is there any "binding" document that I can get signed that will state my landlord will not be held legally or financially responsible? I am willing to take on full responsibility for any damages etc.

Matthew Williams
Matthew Williams answered on Jan 9, 2020

You are free to contract with your landlord for you to take all responsibilities, sure. A contract is really nothing more than an agreement and you generally have a right to agree with another to anything that is not illegal. But an agreement takes two. If they don't want to contract with you along... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Is an Ohio lease agreement valid if it excludes the address, start date, and it is not signed by all named tenants?

The lease agreement was signed by one of three tenants named on the agreement in order to join a wait list for an apartment in March 2020. The landlord did not provide the address or start date on the lease agreement because they were not sure what units would be available at the time we would be... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 18, 2019

The landlord can sue the one who did sign. The court would then determine if the lease is valid with missing information and with a specific apartment not identified. It depends on what the lease says and all the circumstances in which it was signed.

1 Answer | Asked in Contracts, Criminal Law and Traffic Tickets for Ohio on
Q: I was recently given a ticket for reckless driving. I have no prior incidents on my driving and no criminal record

I live in ohio, am a navy vet, and have a lawyer who will represent me in court. He has said that I do not have to show up, and that we will plead not guilty. Is this a good move and should I show up? I also have not signed a contract with him. Should I get a contract?

Patrick DiChiro
Patrick DiChiro answered on Nov 14, 2019

MOST COURTS IN OHIO ACCEPT FAXED OR E-MAIL NOT GUILTY PLEAS FROM ATTORNEYS. IT AVOIDS WASTING THE ATTORNEYS TIME SHOWING UP AT AN ARRAIGNMENT WHERE NOTHING REALLY GETS DONE OTHER THAN A PLEA ENTERED AND A JUDGE ASSIGNED.

SO IT DOES NOT HURT YOU TO NOT SHOW UP AT COURT.

AS FOR THE...
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3 Answers | Asked in Contracts for Ohio on
Q: Do I have to pay a restitution fee to a General Contractor who was dropped after a month of negotiating his bid?

Over the past month, I have been in the process of purchasing a house using a Loan company that insisted on using a General Contractor. After negotiating his bids (several rewrites), I finally got him down to somewhat reasonable pricing for the jobs that needed to be done (required by loan... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Oct 31, 2019

There was no contract requiring that you pay him for his time. He did not suggest that he should be compensated for his time during the negotiations. He can file a lawsuit, but he should not be able to prevail.

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1 Answer | Asked in Contracts for Ohio on
Q: Can I get out of a lease on the grounds in the details? I am 5 months into this 12 month lease.

I have recently started smelling tobacco smoke in my apartment. It has been causing me to wake up with a headache, and coughing. I emailed my landlord about it and she replied saying " Unfortunately the lease states there is no smoking within the towers, I cannot control what each resident does in... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 28, 2019

You can only get out of the lease if landlord will agree. Your lease probably does not require landlord to take action if there is smoking. You could pay your rent into escrow with the local court, and the court will hold a hearing to determine if there is anything landlord can do. Check the... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: I'm in the state of Ohio and I need to make a legal contract. Can I just use LegalZoom? Or do I need an actually lawyer?

Me and my boyfriend got a car together about a month ago and we now have broken up. The tile is in my name but the loan is in ours. We signed a 6 year contract with the bank. He agrees to still pay his half of the monthly payments until the car is paid off or he gives me the total amount of his... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 21, 2019

It is extremely unlikely that he will keep paying on your car for 6 years, or pay half of the purchase price for a car he doesn't use. Even if you have a valid contract, if boyfriend quits paying, then you would have to sue him to collect -- and it would take several months. And you might not be... Read more »

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