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Ohio Contracts Questions & Answers
2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Contract dispute over house square footage that was misrepresented.

We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 6, 2024

For a more thorough answer an attorney would need to review your purchase agreement. A standard purchase agreement would have an appraisal contingency. However, the contingency is usually fulfilled if the property appraises for the amount of the purchase price. With the square footage being off,... View More

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2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Contract dispute over house square footage that was misrepresented.

We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More

Joseph Jaap
Joseph Jaap
answered on Nov 6, 2024

Most house listings have a disclaimer stating that the information is not guaranteed to be accurate, and buyer should verify it. Most purchase contracts also state that any statements by agents are not to be relied on by buyer. Most purchase contacts also advise buyers to get whatever inspections... View More

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1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Arbitration / Mediation Law for Ohio on
Q: What should I do in a case of fraudulent misrepresentation?

Was convinced to sign up for a service by door to door salesmen. They said it would only cost $50/mo, cheaper than what I paid at the time, & the first month wouldn't exceed $70. Told to ignore higher total when it calculated to $120. Perjuration made first bill $300+. Tried to cancel. Was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2024

An Ohio attorney could advise best, but your question remains open for over a week. This is a mess that could require sorting out beyond what is possible with a few quick recommendations on a Q & A forum. At this point, the debt collector will require attention - either on your own, expressing... View More

1 Answer | Asked in Contracts for Ohio on
Q: We sold a travel trailer to someone on payment and now they refuse to make the payments.

There was a handshake on the agreement of $10,000 for the travel trailer with payments of $300 a month until it was paid off. My husband agreed because the couple were in dire straights after a tornado had destroyed their trailer that they lived in full time. The stated that they had to have the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 30, 2024

You should file a complaint for breach of contract and replevin. The statute of frauds will pose a problem but you should be able to avoid the statute of frauds based upon partial performance.

You should file in municipal court

Process quicker and damages less than $10,000...
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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 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 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, Landlord - Tenant and Real Estate Law for Ohio on
Q: I was in a land contract and the landlord kept renewing it every year n raising the rent now he is making us month to mo
Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 29, 2024

The terms of the land installment agreement should be in writing and recorded with the County Recorder.

Unless the contract allows the rent to be modified by the landlord, the landlord cannot change the amount of the rent or the term

1 Answer | Asked in Contracts, Family Law and Civil Rights for Ohio on
Q: I'm 18 and under a minor role. Can I take legal actions if my parents do not turn over custodian role on the bank accoun

I'm 18 under a minor role in my bank account where I have earned all my money through working. My parents and I don't have a good relationship. What legal actions can I take? Even if I have to sue to get my savings and college fund.

James L. Arrasmith
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answered on Sep 19, 2024

Once you turn 18, you generally gain legal control over your finances, including bank accounts. If your parents are listed as custodians on your account, you should first contact the bank to request that the custodian role be removed, as you are now legally an adult. Banks are usually required to... View More

1 Answer | Asked in Contracts and Collections for Ohio on
Q: Hi I have a question. I was living in an apartment . Me and my ex husband were both on the lease.

We were kicked out bc he would act crazy and the cops were called too much. Well he left Ohio to go to Arizona I moved to a different apartment in Ohio . We both signed the lease but I am the only one stuck paying for it bc the creditors couldn’t find him in Arizona. I don’t think that’s fair... View More

Joel Gary Selik
Joel Gary Selik
answered on May 29, 2024

You may be able to sue him for his share.

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Ohio on
Q: Can t doctrine of unclean hands be used by a storage facility who offered a cure 2 breach but then refused to honor it?

I fell behind on payments to a storage facility after they more than doubled my monthly payment a few months into t lease but was able to come up with t money needed, including fees, before t auction. T mgr blocked my online account and refused to accept payment via cc by applying a clause for 3rd... View More

James L. Arrasmith
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answered on Mar 26, 2024

In the situation you've described, the doctrine of unclean hands could potentially be relevant. This legal principle suggests that a party cannot seek legal relief if they themselves have acted unethically in relation to the subject of the lawsuit. If the storage facility manager acted in bad... View More

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