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Ohio Contracts Questions & Answers

1 Answer | Asked in Contracts for Ohio on

Q: As a General Contractor, how do I protect my lien rights on a private project?

Joseph Jaap answered on Aug 30, 2019

To be valid, all the statutory requirements must be followed for a mechanic's lien. That can include delivering a Notice of Furnishing and Notice of Commencement, posting a copy of a Notice of Commencement, providing copies when requested, recording the lien affidavit within the time deadline, and... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Ohio on

Q: My condo asstn. has been misappropriating funds & or ignoring request for audit info for years. Do I have any recourse?

My condo association has used scare tactics and harassing tactics to squeeze money out of homeowners. Some have filed bankruptcy not not knowing the management company that has been receiving payments for the last 13 years, has been cancelled by the state. Yet they have still used a law firm to... Read more »

Bruce Martin Broyles answered on Aug 16, 2019

The articles of incorporation are often cancelled for failure to pay annual fees. The corporation can have the articles reinstated and ratify the conduct by a shareholder's meeting. As a shareholder, I believe that every owner is a member of the association, you are entitled to receive the... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Ohio on

Q: home is under contract. just found out have to repair septic at min $15,000. can I get out of sales contract as seller?

Joseph Jaap answered on Aug 12, 2019

It depends on how the inspection contingency is written in the sales contract. Try to work it out with the buyer, or use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise you.

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1 Answer | Asked in Consumer Law and Contracts for Ohio on

Q: Can I back out of a home repairs contract?

Hello,

I entered into a contract with a contractor for home repair services. The work was divided into three separate sections. He’s completed two of those, and not yet started the third. If no expenses have occurred in the third section, can I back out and pay for only the first two?... Read more »

Taylor P Waters answered on Aug 5, 2019

Probably, but it will depend on what your contract says and whether the Ohio Consumer Sales Protection Act or Home Solicitation Act apply and can strengthen your position.

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on

Q: My condo rental has floors and a kitchen island that vibrates nearly every day. It's unsettling. How do I end lease?

I live in West Flats Cleveland Ohio

Joseph Jaap answered on Aug 1, 2019

You can try to negotiate an early lease termination with landlord on whatever terms landlord might accept. But landlord could refuse. If so, then you could start paying your rent on time each month into escrow with your local court, which will hold a hearing to determine if landlord has any... Read more »

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Ohio on

Q: I purchased a instrumental directly from a seller and agreed to take the instrumental down off of YouTube and it‘s not

I purchased a instrumental directly from a seller. I found the instrumental on YouTube and contacted the person who made it. He doesn’t sell through a trusted site because he said it takes a good portion from his sales and does it directly. He also informed me that he will take it down from... Read more »

Bruce Alexander Minnick answered on Jul 30, 2019

It sounds like the real reason the seller does not use trusted sites to market his stuff is because he can sell the same stuff over and over and over to many trusting people like you if he uses his own site to bilk unsuspecting people. You might want to hire a lawyer to investigate this dude and... Read more »

2 Answers | Asked in Contracts for Ohio on

Q: Was under contract to buy a house. The seller backed out and took his house off market. I paid Approx $ 1,300 in fees.

The realtor ordered the appraisal and inspections but is saying I have to take the seller to small claims court to get my money back. Shouldn’t the realtor pay me back?

Joseph Jaap answered on Jul 29, 2019

The realtor is not a party to the sales contract. If the seller breaches the contract with buyer, then buyer sues the seller. If realtor participated in the breach in some way, realtor can also be named as a defendant. It is not likely to be cost-effective to go to small claims court for that... Read more »

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1 Answer | Asked in Contracts and Consumer Law for Ohio on

Q: Is it "Bait and Switch" when offered a price, and when time comes to sign for a car the price is higher?

The salesman then lied to me and told me the increase was due to bank fees for the loan. Now that I'm a customer of said bank, I've inquired about those "fees"; they've informed me there are no fees or charges to apply for an auto loan. Original price was $16993.00 and at contract time the amount... Read more »

Bruce Alexander Minnick answered on Jul 26, 2019

No, bait and switch is when they advertise a particular car for some very attractive amount of money (the bait) and then when you get there to buy it, they tell you the car you wanted was sold--and then try to move you up to a more expensive car (the switch). It is hard to tell why they jacked the... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on

Q: My son signed a apartment lease on 7/17 which stated his new address & apt #. On 7/22 at 5pm he received a email saying

his address & apt number have changed due to the first apartment not be ready. His lease starts 8/1. Is this legal? Apartment layout has changed, unit is a down grade, he already made a change of address.

Bruce Alexander Minnick answered on Jul 25, 2019

Advice: Forget about him "already changing his address." Why? Because he can change it again.

Focus on the facts that are relevant: Signing a lease for a specific apartment your son walked through and bargained for means that your son is entitled to move into that specific apartment--or an...
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1 Answer | Asked in Business Law and Contracts for Ohio on

Q: I’m looking for a lawyer who can sue a big company or if you could refer me to one

I don’t have any

Tim Akpinar answered on Jul 23, 2019

This isn't an attorney referral service; it's just a question and answer board. But you can locate attorneys in the Find a Lawyer section. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Criminal Law and Small Claims for Ohio on

Q: signed car over to daughter, with agreement to pay for the car monthly. She never paid for it.

I signed over car to daughter with agreement for her to make monthly payments for the car. She took car never paid. She’s currently in jail and her husband refuses to give car back. How do I get the car back.

Bruce Alexander Minnick answered on Jul 22, 2019

If the title to the car is in your daughter's name only you cannot get it back--lawfully--absent a lawsuit.

2 Answers | Asked in Contracts for Ohio on

Q: Can I be held responsible if I cosigned for a vehicle and the person turned it back in?

I cosigned a vehicle and the other person turned it back into the dealership, now they are coming after me for the money, am I responsible for that? Can they garnish my wages for a vehicle they took back?

Joseph Jaap answered on Jul 16, 2019

A co-signer is equally liable for any financial loss on the loan or the vehicle that. If the lender or dealer sues and gets a judgment, they can garnish wages. They also can make an adverse entry on credit reports, lowering credit scores.

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2 Answers | Asked in Consumer Law, Contracts and Animal / Dog Law for Ohio on

Q: I have a question on consumer laws regarding purchase of a puppy from breeder in Ohio. I am in Pa.

I found a puppy online. I contacted the owner on FB msger but got no reply. I then saw the same puppy listed with another woman claiming to be seller's mom. I messaged her about the puppy, and we made arrangements. I never actually spoke with the daughter. Mother disclosed that the pup had an... Read more »

Taylor P Waters answered on Jul 10, 2019

It depends on what the contract says regarding the deposit. It does seem like there are multiple red flags here and you might be dealing with an Amish puppy mill situation. If you had a firm agreement that you could get the puppy for the week of July 9, that might be sufficient to get the deposit... Read more »

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2 Answers | Asked in Contracts for Ohio on

Q: If 2 parties are responsible for a debt and 1 party party pays a portion of that debt andit is considered to be "in full

and final satisfaction of her liability herein" is the other party still responsible for the remaining debt? Nowhere in the contract does it specify that either of the parties are responsible for a certain portion of the debt. It appears to be considered 1 debt. If her debt is satisfied, isn't... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

No. You are reading the law backwards.

Each person on any joint debt is responsible to the lender (creditor) for the entire debt, not just half (or any other portion) of the whole debt. So if one of the debtors pays off 50% of the entire debt, that debtor still owes the other 50% to the...
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2 Answers | Asked in Business Formation, Business Law and Contracts for Ohio on

Q: I’m looking for a lawyer who can sue a big company or if you could refer me to one

Don’t have more information

Matthew Williams answered on Jul 8, 2019

Any lawyer could sue a big company, but without more information none is going to.

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2 Answers | Asked in Contracts, Small Claims, Real Estate Law and Landlord - Tenant for Ohio on

Q: Hi! I had a roommate drop out of school and leave the college house. He pays rent but refuses to pay for utilities.

The utilities were not included with rent. But under the utilities segment on our lease it shows that the person who is signing agrees to pay for them. Is he obligated to pay?

Joseph Jaap answered on Jul 3, 2019

If he refuses to pay, you could sue him in small claims court. But even if you win, that merely gives you a judgment. Then you have to try to collect on the judgment by going to court again. The court filing fees for all that probably exceed what he owes.

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1 Answer | Asked in Contracts for Ohio on

Q: because I wasn't allowed to work we were married 18 years so that's the reason that I moved in here

What can i do

Joseph Jaap answered on Jun 27, 2019

Your question does not provide enough information. If you are asking about divorce, then use the Find a Lawyer tab to retain a local divorce attorney to review your situation and advise you.

2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on

Q: I put a deposit down on an apartment a month ago and still haven't received a lease.

I've always been the first one to contact him and ask about any update (application approval, status of lease etc). He has stated that I'll have the lease at the end of the week (didn't happen) or the following week (after the next time I reached out - still hasn't happened). He didn't even contact... Read more »

Joseph Jaap answered on Jun 19, 2019

If you already moved in, getting the deposit back would be a problem. If you haven't, you would have to sue the landlord.

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1 Answer | Asked in Contracts for Ohio on

Q: I have a home currently under contract to sell. It’s been three weeks with no response from the buyer. What can I do?

Bruce Martin Broyles answered on Jun 19, 2019

The purchase agreement should provide for a time period within which the buyer must take certain steps. Check to see if those steps have been taken. If not advise the buyer that the contract has been materially breached and you are cancelling the same.

The purchase agreement should also...
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1 Answer | Asked in Contracts for Ohio on

Q: If i was not disclosed about a salvaged tittle?

.

Bruce Alexander Minnick answered on Jun 17, 2019

If you have coverage on the car your insurance company should pay for the repairs. Period.

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