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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts for Ohio on
Q: Dear [Lawyer's], I hope this message finds you well. I am writing to seek your immediate legal advice and represen

There were no contract between me and the customer,

And the customer accusing me with theft and the customer been cussing on me and being racist and threatening all the time on messages and it’s all recorded.

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2023

An Ohio attorney could advise best, but your question remains open for a week. You are seeking representation, but attorneys here can't reach out to you. The format of this Q & A forum is not geared for solicitation or referral. You'd need to contact attorneys on your own. In addition... 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 Car Accidents and Contracts for Ohio on
Q: How long do I have wait for a car repair to be fixed , based off a insurance claim? It's been 10 months

My car was stolen, recovered and I am still waiting for my car to be repair. Theft was in Sept 2022, car was sent to auto repair shop in 11/2022, they didn't know the car was on the lot until 03/2023, still waiting for my car and it is 06/2023 and I have still been paying car notes and car... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2023

This question can only be answered based upon reading whatever contract you have with the auto repair shop.

In most situations, if the auto repair shop isn’t fixing your car quickly enough for you, you should pick up the car and take it to a different auto repair shop.

But, if I...
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1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: I would like to fire my contractor for not completing a job in a reasonable time frame.

We were told the job would be done in Feb 2023, It is now June and we are still being delayed and not scheduled. Our contractor has been "scheduling" dates to start for months but then reschedules the day before, most times without notifying us unless we reach out to them. I asked to... View More

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 8, 2023

Under Ohio's consumer sales practices act, it is a deceptive act for a supplier (the contractor) to allow 8 weeks to elapse without services being rendered. O.A.C. 109:4-3-09.

If the contractor messes this up, they are liable for three times your damages (amount paid) plus reasonable...
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2 Answers | Asked in Contracts for Ohio on
Q: If I signed a contract with a company for exterior home improvement, how long do they have to do the work?

The paper stated that I had three days to cancel.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 7, 2023

Under Ohio's consumer sales practices act, it is a deceptive act for a supplier (the contractor) to allow 8 weeks to elapse without services being rendered. O.A.C. 109:4-3-09.

If the contractor messes this up, they are liable for three times your damages (amount paid) plus reasonable...
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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
Nicholas P. Weiss
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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2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 2, 2023

There are a few parts to this question. Debt incurred by a spouse alone will not, generally, expose you to liability from the creditor, even during marriage. This debt, during divorce, may be considered marital debt, and it is possible that some or all of the debt may be apportioned between the... View More

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2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Todd B. Kotler
Todd B. Kotler
answered on Jun 2, 2023

Debts incurred during the marriage are presumptively marital debts. Parties may agree to treat them differently or in the case of a divorce a party that did not incur the debt may make an argument as to why it should be treated as a separate debt. Factors may include the circumstances around the... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: If I have a lease that renews yearly per the lease which will renew on the 1st of May can I ask to move to monthly lease

It is my intention to move within the next 6 months but my lease renews for a year on the 1st of May. Can I advise landlord in writing that I do not wish to renew a year lease and would prefer to move to a month-to-month basis while I am looking for a new residence. It is possible that I may move... View More

Joseph Jaap
Joseph Jaap
answered on Mar 31, 2023

You can ask, but the landlord does not have to agree to month to month. If it renews automatically for another year, then you might not be able to break it if you have to move. You might ask landlord to include an early termination in which you would pay some extra amount to terminate, but... View More

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Andrew Popp
Andrew Popp
answered on Mar 7, 2023

I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... View More

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2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Joseph Jaap
Joseph Jaap
answered on Mar 8, 2023

If she transfers her house to you both as a gift, in addition to possible gift taxes, you and your sister will acquire the home with your mother's cost basis for income tax purposes, so that when you and your sister sell it, you both will also pay capital gains taxes on the increase in value... View More

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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Is the HOA able to increase fees by 10% without membership vote? The fees would have been increased 20% in 2 years.

Fees have not seen an increase since 2017 and in the last 2 years, we will have had a 20% increase based on "budgetary needs". Is it required to have a membership vote to proceed?

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

The HOA Declaration of Covenants and Restrictions specifies the process for the HOA to change the amount of the assessment and if a vote is required. Review the HOA Declaration for the requirements and talk to the HOA management company or the HOA board members.

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: if I signed a noncompete 5 years ago&changed roles in company is it still in place if promises were broken w/ new role?
Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

An attorney would have to do a full review of the noncompete, the circumstances, and related facts to determine whether the agreement remains enforceable and to what extent. Even if the employer has broken promises, they could still force you into court trying to enforce the non-compete. So... View More

1 Answer | Asked in Contracts for Ohio on
Q: Are both parties required to provide a mailing address to make a contract valid and enforceable?

We are trying to contract with an illustrator. Our CEO is insistent that we require the illustrators physical mailing address for the contract to be valid, the illustrator is only offering us his email at this time.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

It can be valid without an address. I agree with your CEO though that you should require a physical mailing address in the contract. If the contract is breached and you need to sue then you will need their address to start the lawsuit.

1 Answer | Asked in Contracts and Business Law for Ohio on
Q: If an Ohio corporation does not have bylaws, does Ohio code detail how stock sales are to be conducted?

Do stock transfers then have to be recorded on the shareholder ledger?

What if some of the original stock certificates have been lost?

Do company officers have to sign off on the transaction?

Joseph Jaap
Joseph Jaap
answered on Dec 19, 2022

Ohio Revised Code Chapter 1701, https://codes.ohio.gov/ohio-revised-code/chapter-1701, provides the legal framework for an Ohio for-profit corporation, and specifies procedures for issuing and transferring stock, which should be recorded in a ledger or other records of the corporation by the... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Ohio on
Q: I live in Ohio my property manager is trying to make me pay utilities that my lease says are covered by the landlord.

Is she allowed to do that when my lease clearly states “this is a utility y by the landlord”. My lease isn’t up until 4/30/23. Shes saying that there is new management and that she gave us a 30 day notice so we have to pay. Is this correct? I thought my lease was a binding agreement that... View More

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

Some property managers act improperly. They sometimes demand that tenants make a payment not required by the lease. If you don't pay it, she could file to evict you. You could then take your lease to court, and if your lease does not require you to pay it, the judge could dismiss the... View More

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Ohio on
Q: My grandmother gave her house to her first born grandchild without a will just word of mouth. My father was suppose to

Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... View More

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... View More

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1 Answer | Asked in Business Law, Employment Law and Contracts for Ohio on
Q: I work for a company in Ohio that is requiring employees to pay for damages to company equipment. Is this legal?

I believe section 4113.19 prohibits deductions from employee wages; but are there any other sections that I can reference to help get a better idea of what’s legal?

Additionally, what constitutes an “express contract”? I’m sure the “contract” was somewhere in the mountain of... View More

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

The code section you've cited permits employers to deduct from wages for damages to company property, provided there is an express contract between the employer and the employee putting the employee on notice that he or she will be held accountable for damaged property and equipment. An... 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

1 Answer | Asked in Contracts for Ohio on
Q: fuel oil delivered to my son's house without being requested. I called for pricing only.

I do not live there or have any connection to the property. The bill is for 1.2k. I called them back that day & told them I did NOT request delivery & that they needed to come back & remove the product. The bill is for $1.2k made out to my son & his wife. They should not be... View More

Joseph Jaap
Joseph Jaap
answered on Oct 17, 2022

The company could claim that you authorized it. But they would have to prove that in court. For that amount, it is unlikely they would go to court. But they could place a lien against the property, and turn it over to a collection company. Call them and try to work it out. If your son will... View More

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