Ohio Contracts Questions & Answers
Q: our GC lied about being licensed,
Joseph Jaap's answer
Yes, you can sue him. Use the Find a Lawyer tab and retain a local attorney to review the facts and discuss your options. The attorney can advise if it would be cost-effective to sue him. But even if you sue, and win, he might not have any money to be able to repay you.
Yes, you can sue him. Use the Find a Lawyer tab and retain a local attorney to review the facts and discuss your options. The attorney can advise if it would be cost-effective to sue him. But even if you sue, and win, he might not have any money to be able to repay you.
Q: Can a dealership knowingly sell a truck with under rated tires on it and hide this by dangerously over inflating them?
1 Answer
| Asked
in
Consumer Law, Contracts and Products Liability
for
Ohio
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
Timur Akpinar's answer
A starting point could be to bring the underrated tires to the attention of the dealership. If they agree to the issue you raise and are willing to work with you to remedy the problem, that might be the most cost-effective solution.
Tim Akpinar
A starting point could be to bring the underrated tires to the attention of the dealership. If they agree to the issue you raise and are willing to work with you to remedy the problem, that might be the most cost-effective solution.
Tim Akpinar
Q: is a letter of intent to hire a contractor to do work pending a insurance claim binding
Joseph Jaap's answer
There is no way to know without a review of the document that was signed. If contractor did not follow the proper consumer sales and home solicitation requirements and provide notices, then it would not be enforceable if it went to court. If you don't want the contractor to do the work tell him that, and that he failed to give you the 3 day right of rescission and failed to follow all the other consumer protection requirements. If he persists, use the Find a Lawyer tab to retain a local...
There is no way to know without a review of the document that was signed. If contractor did not follow the proper consumer sales and home solicitation requirements and provide notices, then it would not be enforceable if it went to court. If you don't want the contractor to do the work tell him that, and that he failed to give you the 3 day right of rescission and failed to follow all the other consumer protection requirements. If he persists, use the Find a Lawyer tab to retain a local...
Q: Purchased a home in 1997 sold as county water and sewer. Selling now and inspector found it's actual a septic tank.
Joseph Jaap's answer
There are various statutes of limitation that might apply, either for a home sale contract or for fraud. Those are all shorter than 22 years. The clock starts either when the event occurred (when the seller told you it was county water and sewer in 1999) or when you learned about the problem (you just found out), or should have learned about it (should you have inspected in 1999). The seller would say that you should have inspected better when you purchased in 1999, and that the statute of...
There are various statutes of limitation that might apply, either for a home sale contract or for fraud. Those are all shorter than 22 years. The clock starts either when the event occurred (when the seller told you it was county water and sewer in 1999) or when you learned about the problem (you just found out), or should have learned about it (should you have inspected in 1999). The seller would say that you should have inspected better when you purchased in 1999, and that the statute of...
Q: I took my dog to scioto trail animal clinic because she was suffering of an unknown cause. They would not provide care
Joseph Jaap's answer
If you signed an agreement surrendering ownership, then you might not have any legal recourse. It is likely that the clinic had an attorney draft that agreement so that it is enforceable. Use the Find a Lawyer tab to retain a local attorney to review the agreement that you signed and advise you of any options. Or you could talk to the clinic and try to work it out with them, perhaps agreeing to pay for the treatment.
If you signed an agreement surrendering ownership, then you might not have any legal recourse. It is likely that the clinic had an attorney draft that agreement so that it is enforceable. Use the Find a Lawyer tab to retain a local attorney to review the agreement that you signed and advise you of any options. Or you could talk to the clinic and try to work it out with them, perhaps agreeing to pay for the treatment.
Q: We ordered windows for our rental property in Nov. The contract said 6-10 weeks. It was 14 before they called. Options?
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local consumer rights attorney to review all the facts and advise you of your options. If arbitration is required, then the attorney can represent you at that proceeding.
Use the Find a Lawyer tab to retain a local consumer rights attorney to review all the facts and advise you of your options. If arbitration is required, then the attorney can represent you at that proceeding.
Q: What does it mean if the status of my case is pending (active)? Does this count as a formal charge?
Q: I am trying to obtain a copy of Case# 2:2018CV01223. I am not a lawyer so how can I go about this?
Joseph Jaap's answer
Check the court web's site for case search. Enter the case number. Or call the court.
Check the court web's site for case search. Enter the case number. Or call the court.
Q: Can I/How do I oppose my university??
Joseph Jaap's answer
A university makes scholarship decisions. If they made a mistake and want their money back, they could withhold your diploma until repaid. You could get an attorney involved. That might delay things. You can use the Find a Lawyer tab to retain an attorney to review the facts and attend the meeting with you or go by yourself.
A university makes scholarship decisions. If they made a mistake and want their money back, they could withhold your diploma until repaid. You could get an attorney involved. That might delay things. You can use the Find a Lawyer tab to retain an attorney to review the facts and attend the meeting with you or go by yourself.
Q: Hi I signed a contract to get a concrete driveway put in. Can I cancel next day without problems?
Joseph Jaap's answer
You should have been given a 3 day right of cancellation. Notify the company in writing within 3 days that the contract is cancelled. But in some cases, that might not be sufficient, depending on all the circumstances. The contractor could have violated the consumer protection and consumer sales requirements.
You should have been given a 3 day right of cancellation. Notify the company in writing within 3 days that the contract is cancelled. But in some cases, that might not be sufficient, depending on all the circumstances. The contractor could have violated the consumer protection and consumer sales requirements.
Q: Do church Members have the right to see their Minister's contract?
Joseph Jaap's answer
If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a local Ohio attorney to review the church By-Laws and advise you.
If the contract is between the minister and the board, then it is the board's decision if the members can see the contract. But if the church is organized as an Ohio non-profit corporation, the members could take legal action to obtain access to the contract. Use the Find a Lawyer tab to retain a local Ohio attorney to review the church By-Laws and advise you.
Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak
1 Answer
| Asked
in
Business Formation, Business Law and Contracts
for
Ohio
on
Answered on Jan 27, 2019
Answered on Jan 27, 2019
Neil Klingshirn's answer
First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are prepared for them. Not understanding that is a great way to end up with a business partner who is no longer your friend.
In addition, you should agree now on how to exit the business when the...
First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are prepared for them. Not understanding that is a great way to end up with a business partner who is no longer your friend.
In addition, you should agree now on how to exit the business when the...
Q: Working on house as a guest for almost a month. Word of mouth deal I stay until the work is done.
Joseph Jaap's answer
If there is no written agreement or lease, then it is a month to month tenancy, and landlord can terminate it at the end of any month by giving 30 days written notice. Notice to vacate given in December would be effective on January 31. If tenant does not vacate by 1/31, then landlord can give a 3 day notice and file an eviction. If landlord does not follow the proper eviction process, and tries to move the tenant out without an eviction, the tenant can call the police.
If there is no written agreement or lease, then it is a month to month tenancy, and landlord can terminate it at the end of any month by giving 30 days written notice. Notice to vacate given in December would be effective on January 31. If tenant does not vacate by 1/31, then landlord can give a 3 day notice and file an eviction. If landlord does not follow the proper eviction process, and tries to move the tenant out without an eviction, the tenant can call the police.
Q: We are selling our house and closing date is written on the contract as, "on or about 12/20/2018.
Joseph Jaap's answer
Prepare a contract extension with a firm closing date, with a provision that the contract can be terminated at seller's discretion if the closing does not occur on or before that date. Use the Find a Lawyer tab to retain a local real estate attorney to assist you. Agents are not attorneys.
Prepare a contract extension with a firm closing date, with a provision that the contract can be terminated at seller's discretion if the closing does not occur on or before that date. Use the Find a Lawyer tab to retain a local real estate attorney to assist you. Agents are not attorneys.
Q: Can I break my lease and not have to pay out the term of lease if I forced to move out due to safety concerns?
Joseph Jaap's answer
There is no such law allowing you to terminate your lease. But you could give landlord a written notice of the problem and then start paying your rent each month on time into escrow with the local court, which can schedule a hearing to determine if landlord has any responsibility to do anything. Check the local court web site for the escrow process.
There is no such law allowing you to terminate your lease. But you could give landlord a written notice of the problem and then start paying your rent each month on time into escrow with the local court, which can schedule a hearing to determine if landlord has any responsibility to do anything. Check the local court web site for the escrow process.
Q: My landlord sent me the lease renewal for 2018-19, and in his email advised me to sign and return and,
Joseph Jaap's answer
An intent to sign, is not the same as actually signing the contract. If you relied on it, you might have a claim for money damages, but that would not create a lease. If your current lease expires and becomes month to month, and the landlord then attempts to terminate the month to month tenancy, you could go to court about it. Before doing that, use the Find a Lawyer tab to retain a local real estate attorney to review the lease, the emails, and all the facts, and advise you.
An intent to sign, is not the same as actually signing the contract. If you relied on it, you might have a claim for money damages, but that would not create a lease. If your current lease expires and becomes month to month, and the landlord then attempts to terminate the month to month tenancy, you could go to court about it. Before doing that, use the Find a Lawyer tab to retain a local real estate attorney to review the lease, the emails, and all the facts, and advise you.
Q: Can i sue in small claims court for money someone "owes" me in purchase agreement plus the max $6000 you can sue for?
Joseph Jaap's answer
The maximum award in small claims court is $6000. In municipal court it is $15,000. Beyond that amount, or for specific performance, it is Common Pleas Court.
The maximum award in small claims court is $6000. In municipal court it is $15,000. Beyond that amount, or for specific performance, it is Common Pleas Court.
Q: I have a gym contract that I would like to get out of that states,
Matthew Williams' answer
Provided you are up to date on your membership fees, yes, you need to send them written notice that this will be your last month. For the most part, this sort of thing is typical and doesn't cause a lot of problems.
Provided you are up to date on your membership fees, yes, you need to send them written notice that this will be your last month. For the most part, this sort of thing is typical and doesn't cause a lot of problems.
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