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Ohio Contracts Questions & Answers
2 Answers | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How do I recover a down payment to a general contracting company that is making no effort to communicate or do the work?

Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It depends on the nature of the job and what a reasonable time for completion of that particular job is.

In a contract, the parties usually must explicitly agree on a firm completion date if it is important to the parties when the work must be performed. The phrase used to describe this...
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2 Answers | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How do I recover a down payment to a general contracting company that is making no effort to communicate or do the work?

Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jun 11, 2024

Recently had a decision from the Fifth District that held that the contract did not have a completion date, and the contract did not state that "time was of the essence", therefore the absence from the project for even a long period of time was not a material breach. Attempting to... View More

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2 Answers | Asked in Consumer Law, Contracts and Business Law for Ohio on
Q: I have a customer that I renovated a bathroom for. They were unhappy with everything from the start. Nothing wrong with

I have a customer that I renovated a bathroom for. They were unhappy with everything from the start. Nothing wrong with the work. But they're extremely picky. They are now asking for proof of insurance, which I do have. Do I have to provide it after contract was already signed? Also I had them... View More

Tim Akpinar
Tim Akpinar
answered on May 29, 2024

It could be worth checking with a local attorney what the law is on providing insurance. No one could judge your position or their position without seeing the contract and your work. But in some settings, the claimant will have to place the matter into suit to obtain the insurance info. And if... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Contracts for Ohio on
Q: This is a whole mess, please see more information. To add on to end of More Info: police report is full of provable lies

Long story short: In October, I was arrested for what was claimed as DUS and stolen vehicle. The car never even moved. Charges were dropped, and I was let out. Few weeks later, amended to "Possessing Vehicle for Over 48 Hours" and RSP for license plate, and four DUS charges. It was a... View More

James L. Arrasmith
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answered on May 1, 2024

It sounds like you're dealing with a highly stressful and complicated situation. Given the complexity of the charges and the sequence of events, including the inconsistencies in the police reports and the impact on your possessions, your first step should be to consult with a lawyer who has... View More

1 Answer | Asked in Consumer Law, Contracts, Banking and Civil Litigation for Ohio on
Q: Can an attorney assess Capital One's actions regarding my accounts, including the abrupt cancellations, and my auto loan

Can an attorney thoroughly evaluate Capital One's actions regarding the sudden cancellation of my checking and savings accounts, as well as their handling of my auto loan, to determine if there are grounds for pursuing legal action against the company? Specifically, I'm concerned about... View More

James L. Arrasmith
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answered on Apr 21, 2024

Yes, an attorney who specializes in consumer protection law, banking regulations, and contract law can thoroughly assess Capital One's actions regarding your accounts and auto loan to determine if there are grounds for legal action. Here are some key points to consider:

1. Account...
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2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: What happens if someone breaks a real estate contract/intent to sell contract? What are my options

I'm in the process of buying a home from a less than friendly seller (who lives in another house elsewhere). In late Feb 2024 the two of us met to sign a contract which stated his intent to sell me the property, the price, and some other minor details. He hired the lawyer who wrote it up, we... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

It depends on the contract. The escrow deposit is generally forfeited to the seller if the buyer doesn't close on time or apply for a mortgage quickly enough. But, as the buyer, your next step is to schedule a new date to close by and make the date "time of the essence." This will... View More

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1 Answer | Asked in Business Law, Real Estate Law and Contracts for Ohio on
Q: I need to get out of a commercial lease
Joseph Jaap
Joseph Jaap
answered on Mar 20, 2024

Talk to the landlord to negotiate an early termination, although landlord is under no obligation to do so. Landlord might ask for a payment. If landlord is in default of the lease, then use the Find a Lawyer tab to retain a local real estate attorney to review the lease and the situation, and... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Lemon Law for Ohio on
Q: Who do I contact or what can I do about a Used Auto Dealership, trying to fraud me?

I financed a vehicle for 13,000. Everything got finializied, the Finance guy at the dealership is trying to fraud me out of money for things that dont connect with my loan or contract, is threatening me and trying to use scare-tactics to have me voluntary repo the car and still be at fault for a... View More

Marcus A. Ross
Marcus A. Ross
answered on Feb 29, 2024

You can contact the Ohio Attorney General’s Office Consumer Fraud Division which deals with fraud and deceptive trade and sales practices by businesses like automobile dealerships and report tge fraudulent behavior. You also obviously have the option of filing a civil action against the finance... View More

2 Answers | Asked in Contracts, Criminal Law and Landlord - Tenant for Ohio on
Q: Wife & I were scammed out of a place and $1,275. What do we do?

Wife & I were going to rent an apartment from someone claiming place was ready. It was far from it. Recently found out this situation has been happening to multiple people by the same landlord. Can we get anything back? They only gave us a small portion back. We are still out $975 and now... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

Given the description, you may file a complaint in small claims court against the landlord. Whether you can succeed will depend, in large part, on the language in the agreement you signed. Try and identify portions of the landlord's responsibilities that the landlord failed to perform.... View More

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1 Answer | Asked in Construction Law and Contracts for Ohio on
Q: I rented a skid steer and busted the oil pan and now they say they can put Charges on me for damages

Criminal intent is this possible

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2024

An Ohio attorney could answer best, but your question remains open for a week. Breakage or failure of rental equipment should not ordinarily result in criminal charges, unless they are claiming that intentional, reckless, or other form of unacceptable usage led to the breakage. An Ohio attorney... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on
Q: If I have checks that have cleared my bank for rent and my apt filed an eviction notice, can I put my rent in escrow?

I have lived at my apartment for 7 years, paid my rent in full and on time the entirety of my time; they have filed an eviction notice on me for court on Feb. 7th. The manager called and stated that she made a mistake and to ignore the eviction papers from the sheriff but I received another... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 29, 2024

1. You should never ignore a pleading or Order from the Court. There is a very good chance that the manager made a mistake and that the eviction will not go forward. However, you should show up and make certain that it does not go forward.

2. You should appear at court with your...
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1 Answer | Asked in Contracts for Ohio on
Q: I sold a puppy from my litter to a guy at work on a payment plan with no paperwork. Just his word now he’s not paying me
James L. Arrasmith
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answered on Nov 18, 2023

In Ohio, if you sold a puppy on a payment plan without any written agreement, and the buyer is now not making payments, your options for recourse can be limited due to the lack of formal documentation. However, the verbal agreement you had is still a contract, albeit harder to prove in court.... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: In Ohio after I sign a contract to buy a home and escrow has started is there a window of time where I can pull out?

I signed a contract to buy a home in Ohio contingent on my parent putting down money for the down payment. Somehow the bank started escrow without receiving any money, and my parent has pulled out. I don’t have a loan that will cover the cost of the house and can no longer buy it without my... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

Check the verbiage in your purchase agreement. Specifically, see if there is a contingency on affordable or your ability to obtain financing. You didn't mention this in your question, but what is the $5k number for? My guess would be that it is earnest money; some purchase agreements will... View More

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
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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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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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.

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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