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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Ohio on
Q: Why don’t HOA’s allow essential critical infrastructure workers, emergency plumber, park their vehicles at their homes?

When renting the home I was not told or given any information about the HOA, nothing in the lease. I am trying to work w HOA, even tho legally they should be dealing with home owners, but they are just condescending, rude, and bullying throwing their attorneys around. I have been nothing but... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2021

HOAs are governed by a set of rules specified in a declaration that has been recorded in the county records and is binding on all the home owners and any others staying in any of the homes. The HOA rules provide fines or legal action for violations. They typically prohibit outside parking of... Read more »

1 Answer | Asked in Bankruptcy, Contracts and Copyright for Ohio on
Q: Is it legal to sell someone's else stuff without their knowledge or consent?

Until my lease for my new apartment began, I stayed at my friend's place for a month. Recently when moving in, I forgot some items at the friend's place. The next day after move-in, I asked the friend if I can go to their place and collect my remaining items. They said they were out of... Read more »

Timothy Denison
Timothy Denison answered on Sep 8, 2021

Take a criminal complaint against the boyfriend for theft and conversion.

1 Answer | Asked in Contracts for Ohio on
Q: Do I need a work for hire agreement for an editor and illustrator when I want to own my book rights, independent author?

I want to start writing and publishing children’s picture books as an independent author. I have written a 32 page book. i have already paid for copyrights. I want to hire an editor to look it over (line editing and copy editing) before I hire an illustrator. I am funding this entire project. Do... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 7, 2021

The contracts you sign with editor, illustrator, etc. must assign all of their WMFH copyright rights to you. Use the Find a Lawyer tab to retain an intellectual property rights attorney who can explain the copyright issues and prepare appropriate contracts.

1 Answer | Asked in Consumer Law, Contracts and Collections for Ohio on
Q: Stop payment on plumbing service

Our basement flooded and we received an estimate for work. We signed the estimate and we’re told it was “no problem” if we changed our mind. We told the company we were getting other estimates and to stop all work. They did an hour of work. We received other estimates that were 75% LESS than... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Aug 26, 2021

Many credit card companies provide you with an option to dispute any charge on your card.

As soon as you dispute the matter, the credit card company with "chargeback" the amount from the Plumbing Company. The credit card company will then attempt to resolve the issue and...
Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Went and purchase a car they charged me for something he told me he would give me for free now they want to give half

My money back based on the video he watch I told him we didn’t want it then he tells me he will give to me for free then charge me for it under other

Michael Lewis Eisner
Michael Lewis Eisner answered on Aug 5, 2021

Misrepresentations made during the sale of a car by a dealer should be reviewed by a consumer rights attorney. Most will give you a free consultation to determine if you have a strong enough claim to seek a remedy. Good luck.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Banking for Ohio on
Q: Can a contract clause absolutely eliminate or waive a citizen's right to a trial by jury?

I have noticed this clause in many end user agreements such as computer and phone software, product and service warranty terms, various financial applications, etc. It is always one-sided (written by the provider) and directed at the buyer. Sometimes these terms include mandatory use of a (or... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 2, 2021

Right to a jury applies to criminal matters, not civil cases like business contracts. Rights to a jury in civil cases depend on state law, and can usually be waived as a matter of contract. That's why those waivers appear in so many business contracts.

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1 Answer | Asked in Contracts, Civil Rights, Education Law and Small Claims for Ohio on
Q: Can my private university mandate me to get vaccinated after I’ve been accepted, paid money, and told me that I don’t?

They told us we did NOT have to get vaccinated then an hour later told us that we DO need to get vaccinated against COVID-19. I was accepted for a month and a half with a down payment before I was informed that I needed to get the COVID vaccine, so now it’s crunch time and I either get the shot... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 26, 2021

I have not personally looked up the resources, but it is my understanding that the vaccine has not received final approval from the FDA.

The emergency use of an unapproved medicine is covered by 21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies. A...
Read more »

1 Answer | Asked in Contracts for Ohio on
Q: I have a will that left me 2 cars. That I have in my prossion. But another person. Got titles in her name. And won’t giv

Give to me. So I have cars she has titles. What can I do

Andrew Popp
Andrew Popp answered on Jul 19, 2021

In order for title to pass from a deceased person to another you generally need to go through the probate process. If the other person was the transfer on death beneficiary of the vehicles, then that takes precedence over the Will. I suggest you sit down with a probate attorney to review the... Read more »

1 Answer | Asked in Contracts and Lemon Law for Ohio on
Q: Can I sue vroom, an online car dealership for fraud?

They falsely advertised the condition and features included on the car. They also claimed this vehicle has a clean title; however, the car has had electrical issues since day one. I have several reasons to believe this car has previously been in a wreck after taking it to a mechanic. The company... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Jul 17, 2021

You should speak with an attorney about this. There could be a bait-and-switch issue in your situation. The question is, what would you like to get from the dealer?

1 Answer | Asked in Contracts for Ohio on
Q: How to get out of a 8 month online group coaching contract

I signed up for an 8 month group coaching session starting June 1 2021. After 3 week I sent an email saying this was not for me. It was sold as something much different then it actually is. I then sent another email on July 11 asking again to leave the group as it is not for me. I was told I can... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 15, 2021

If the contract is for 8 months, and there is no early termination option, then there isn't one, and you could be obligated to pay, or else they could make an adverse entry on your credit report, lowering your credit score. They could also turn it over to a collection agency. But they might... Read more »

1 Answer | Asked in Contracts, Medical Malpractice and Employment Law for Ohio on
Q: Can I sue my dr?

I had turned in paperwork for FMLA to my dr at an appointment. I filled everything out on my end and paid the fee to have it done. I was fired from my job of 10 years due to points and the fact that the fmla paperwork didn't get turned in. Before the due date of my paperwork I had called my dr... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 24, 2021

Use the Find a Lawyer tab to retain a local employment law attorney who can review all the facts of the situation and your termination and advise you, and then contact your employer about any violation of FMLA that the employer might have done. That might get your job back.

1 Answer | Asked in Contracts and Criminal Law for Ohio on
Q: I was a plaintiff in a case,I won the case and defendant was ordered to pay 90,000 in damages,how do I get my money?

I was adding an addition to my home,he quit and stole over 35,000,hired another to finish,long story short,went to court,he didn’t show,but I was awarded 90,000 in damages

Joseph Jaap
Joseph Jaap answered on Jun 23, 2021

You can file a judgment lien against his house and property, and then attach or foreclose against those. You'll need an attorney to do that. Contact the attorney who handled your case. Or you could contact a collection agency. Or use use the Find a Lawyer tab to retain an attorney who does... Read more »

2 Answers | Asked in Contracts and Estate Planning for Ohio on
Q: my wife and i filed a quit claim deed and now want it revoked. we both want ownership of our house. is this possible?

i am 58, fully disabled and want to file for a homestead property tax reduction. i am the one that the quit claim deed removed from the home ownership.

can we file a new deed that allows us as co home ownership?

Moshe Toron Esq
Moshe Toron Esq answered on Jun 16, 2021

If she is the current owner, she can sign a new deed putting you on as a co-owner.

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: Under what circumstances can I successfully sue for my deposit back from a contractor who "tried" but failed to perform?

A contractor I hired to fix my leaking roof took half down from me but the roof still leaks. He warranted the work for 20 years although the project isn't "done", but at this point I am not sure he is competent to fix it. To fix it he will have to basically start over, and I think... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 15, 2021

If the roof leaks, then the job has not been done properly or is not complete. Talk to the contractor about it. If you intend to terminate him for breach of contract and sue him, you have to give him notice. Even if you succeed in court and get a judgment against him, it might be difficult to... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Ohio on
Q: Can an unlicensed contractor.demand payment for sub standard work.he did nothing legal to perform according to the law

He tricked us into thinking he was licensed and knew what he was doing.he didn't and now he wants 35000.00 when we did not agree to that

Matthew Williams
Matthew Williams answered on Jun 11, 2021

Anyone can demand anything. You can refuse to pay him. He could then sue you, and you could defend the lawsuit and counterclaim for fraud.

1 Answer | Asked in Contracts for Ohio on
Q: Can one legally breach a confidentiality contract if they are threatened?

This is not a case, rather a debate. I am told "No judge will uphold a confidentiality contract if the breaching party was threatened to do so". I told them the entire purpose of the agreement is to protect the party being held in confidentiality, especially if the breach leads to their... Read more »

Andrew Popp
Andrew Popp answered on May 4, 2021

Your question is unclear. "No judge will uphold a confidentiality contract if the breaching party was threatened to do so" doesn't make sense. What is the breaching party being threatened against? Signing the contract? Breach? If a contract with signed under duress, it is invalid.... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: How can I get somebody off the title of a mobile home without buying them out? They are abusive and a drug addict.
Andrew Popp
Andrew Popp answered on Apr 29, 2021

That's equivalent to taking property away from him or her. If they do not voluntarily agree to give or sell you their interest in the property your options are very limited. Being abusive and addicted to drugs does not mean you can take away their things. If you are stuck in a bad situation... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: My car was repossessed yesterday. I have been trying to work the the dealership but they keep closing down. Please help.

I bought the car last year right before Covid. The dealership shut down due to the virus and never left information to make payments. In September the dealership reached back out after I had made a complaint to the BBB for their disappearing act, they wanted me to bring cash to their personal home,... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 15, 2021

Contact the Ohio Attorney General's office and file a consumer complaint. Here is the link:

https://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers/File-A-Complaint.aspx

1 Answer | Asked in Contracts for Ohio on
Q: My landlord owes 31,000 In home taxes and we are doing a 5 year land contract, does that need to be in contract.

He’s pretty old, if something was to ever happen to him, God forbid does that need to be in contact also???

Joseph Jaap
Joseph Jaap answered on Apr 15, 2021

Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise you.

1 Answer | Asked in Contracts and Land Use & Zoning for Ohio on
Q: Im doing land contract with owner and he owes taxes should that be In contact?

Also if something was to ever happen to him and he is in debt with state would we take on his debt or how would that go??

Joseph Jaap
Joseph Jaap answered on Apr 15, 2021

An attorney should review a land contract before it is signed. Whether it is seller or buyer who is responsible for taxes and debts, would depend on the terms of the contract and the priority of the debts. Use the Find a Lawyer tab to retain a local real estate attorney to review the land... Read more »

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