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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Is it legal for a bank to do a modification on a HELCO for only one spouse without the other spouse knowledge

My brother and his wife took a open end mortgage out in 1999. My brother was under the impression that the mortgage was long paid off since it reach maturity in 2009. But my brothers wife passed away in March 2017 at which time he found out that the bank had allowed his wife to do a modification on... View More

Joseph Jaap
Joseph Jaap
answered on Sep 27, 2017

Fraud by whom? His deceased wife? Or the bank? It probably is not fraud by anyone. A wife can be considered acting as agent for her husband in some circumstances, although usual practice would be for the bank to have both sign any loan modification. Perhaps he is not personally obligated to... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: can i terminate a lease early because my neighbors smoking is causing me problems with my asthma?

I live in a town house complex moved in in July had no problems but recently my apartment started smelling like cigarette smoke (so i assume its from the neighbors smoking coming through the vents) and i have severe asthma so being in my house is causing me asthma problems now, is my landlord... View More

Joseph Jaap
Joseph Jaap
answered on Sep 25, 2017

If it is adversely affecting your health, then you must consider moving, regardless of the lease. You should start by sending a written notice to the landlord of the problem. If landlord does not fix it, then begin paying your rent into escrow with the local court on time each month. The court... View More

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Ohio on
Q: I was wondering if my case is a bait and switch

I viewed an "updated" apartment, told the landlord I wanted an updated unit and she said she could make it happen. Then after signing the lease, she told me she doesnt have enough money to update the apartment so I am left with one that is completely different and doesn't have a... View More

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2017

It certainly sounds like it, but whether you have a claim depends on what the lease that you signed with landlord says. If the written lease doesn't commit landlord to upgrading it, then you might not be able to force landlord. Try to work it out. Do you want to move out? You can pay your... View More

1 Answer | Asked in Contracts for Ohio on
Q: Contract signed $ spent for equipment for business, bill from contractor and now owner not sure she wants to rent space

My daughter signed 5 year lease agreement to relocate her business. Has done everything as stated per the contract and owner keeps delaying and asking for additional things and is now not sure if she wants to rent to her. She has a contractor that has been doing work within removing a wall which... View More

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2017

If the landlord and tenant signed a valid written lease agreement, and if the landlord now refuses to allow occupancy as specified in that lease, then the tenant can sue the landlord. Use the Find a Lawyer tab and consult a local real estate attorney to review the lease to confirm that it is... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Per our contract, $100 increase in rent after a year, we reduced this from the security deposit amount due at terminati

...of lease and now tenant wants to take us to small claims. Does he have a case?

Joseph Jaap
Joseph Jaap
answered on Sep 11, 2017

It depends on what the lease says. You can go to small claims court and explain your position to the court, or use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Contracts and Estate Planning for Ohio on
Q: Can a will and testament expire?

A family member died. The will & testament is over 20 yrs old. The notary seals are expired. Is the document still valid?

Beverly A Stull
Beverly A Stull
answered on Sep 10, 2017

Wills don't expire. If they are valid at the time of creation - signed by the testator at the bottom with two witnesses signing that the testator did so of free will - it is valid forever unless revoked.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: 4 sale by owner/cash sale, is it advisable for buyer and seller to use same lawyer to draw the contract and do closing?

What is a good earnest money down from potential buyer? Do I have to be at closing to get paid. Heading away for medical treatment.

Joseph Jaap
Joseph Jaap
answered on Sep 5, 2017

It would be a conflict of interest to use the same attorney, so an attorney won't do that. The same attorney or law firm cannot represent both the seller and the buyer. A seller wants as big a deposit as it can get from buyer, because if buyer backs out, that is probably all seller will get.... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Small Claims for Ohio on
Q: Bought house and held money in escrow until agreed upon terms complete. Not completed by date given. Next steps? $ mine?

Electrical and subsequent painting/drywall was supposed to be finished by closing date. Wasnt. Then I gave until the 31st. Still wasn't done. He threatened to sue me and both realitors if we do not release the escrow. What grounds does he have to sue? I have legal right to the moneys held in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 3, 2017

You have a right to keep the money. In fact the escrow letter should not allow funds to be released to anyone else

1 Answer | Asked in Contracts for Ohio on
Q: I'm looking for cases to reference in regards to obligation to perform a service and not receiving payment.

This is a contract not in writing. So any cases to reference and case law related would be helpful. Or any law reviews to reference. Thank you!

Joseph Jaap
Joseph Jaap
answered on Aug 28, 2017

You would need to find cases specific to your situation and facts. You can try doing that on-line yourself, or you can get a lawyer to assist you to narrow your search to only those cases that are relevant. Use the Find a Lawyer tab.

1 Answer | Asked in Family Law, Contracts and Small Claims for Ohio on
Q: Can a man legally ask for money back spent on dates if we break up from a short-term relationship?

1.5 month relationship, met online

Joseph Jaap
Joseph Jaap
answered on Aug 24, 2017

It is legal to ask. It also is legal to refuse.

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: I am cancelling a membership today with the following language and would like your opinion on my actual cancellation dat

"The effective date of termination shall be not earlier than the last day of the calendar quarter next ending after such notice is given"

Joseph Jaap
Joseph Jaap
answered on Aug 23, 2017

That contract excerpt alone is not sufficient to answer your question. The cancellation date will not be earlier than either Sept. 30, if notice is given before that date.

2 Answers | Asked in Business Formation, Contracts, Intellectual Property and Trademark for Ohio on
Q: I am entering a partnership with someone and need assistance on how to protect myself.

She is making shirts and wants my artwork on them. We are combining businesses and it'll be 50/50. It's fair but if this doesn't work out in the long run how do I protect my artwork and business name? Will we both be able to produce the shirts still afterwards? Will she end up with... View More

Joseph Jaap
Joseph Jaap
answered on Aug 22, 2017

You are prudent to seek assistance for your business relationship and protection of your artwork - before you begin. Use the Find a Lawyer tab and contact a local business attorney who can advise you and answer questions about business formation and copyright protection.

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1 Answer | Asked in Contracts and Military Law for Ohio on
Q: Separated early to join reserves, never got orders for reserve unit, been a 5 years, can I still get my DD214?

I have separation papers that say Honorable. and that I was issued a DD214, but never actually got one.

Joseph Jaap
Joseph Jaap
answered on Aug 18, 2017

Talk to the VA to try to find help. Check their web site.

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: After a yearly lease ends is it automatically month to month in ohio?

My landlord posted a 3 day eviction on my door for non payment of rent. He basically threatened me either I pay him or hes going to go file an eviction and my name will be in the system.

Joseph Jaap
Joseph Jaap
answered on Aug 17, 2017

Yes, if there is no automatic renewal or other provisions in the lease providing otherwise, then at the end of a lease, it becomes month to month, and either landlord or tenant can then terminate the lease at the end of any month by giving at least 30 days notice.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Landlord - Tenant for Ohio on
Q: Can we sue an apartment complex for kicking out myself and my family?

My veteran fiancé and I live in a two bedroom with 3 kids youngest being 2 months old. We have maintenance issues that have caused the management to receive fines. We feel this is a retaliation against us because of that. The playground is not safe for my children to play at due to construction... View More

Joseph Jaap
Joseph Jaap
answered on Jul 26, 2017

Did they evict you already? If so, then you could have filed a counter claim in that action. If not, then you could claim retaliation. Use the Find a Lawyer tab and consult a local litigation attorney who can review your situation and advise you about possible claims against the landlord.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I bought a foreclosure home a year and a half ago. Are banks subject to the same disclosure laws as home owners?

I didn't find out until recently that the basement wall leaks badly. I don't remember seeing it in my inspection report either. We bought in Dec 2015, in Ohio. No leaks in the winter, walls are frozen.

Joseph Jaap
Joseph Jaap
answered on Jul 11, 2017

Purchases at foreclosures are "as-is." The bank doesn't give any warranties about the condition of the property, and it has no duty to inspect or make any disclosures.

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: I signed a lease for an apartment based on the model I was shown. The apartment I got keys for isnt the same.

The apartment is NOT what I was shown nor is the same as the floorplan I was given. There are amenities missing, or not as described. I was shown a side by side washer dryer hook up (so thats what i bought) it is a stackable option only. There is no breakfast bar, nor linen closet as described.... View More

Joseph Jaap
Joseph Jaap
answered on Jul 10, 2017

Discuss that with the landlord and try to work it out. Tell them that it was fraud to bait and switch like that. Tell them you want your money back and lease terminated. Also demand that they not make any adverse entry on your credit record. If they give you a problem, use the Find a Lawyer tab... View More

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Ohio on
Q: The people i'm buying my house from want a walk through, do i have to let them?

our contract states that if i have made alterations or changes to the property then the vender can request a "walk through" (which i have not). also if i do not answer the door they proceed to walk the property any way.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jul 8, 2017

It sounds as though you are purchasing the property on land contract. Land contracts vary in their terms, and yours may have a specific provisions. In general, they do not have a right to show up unannounced and demand to walk through your property. You can advise them not to come to the... View More

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: cancel a replacement window contract?

We are in a cntract with window world to have replacement windows installed. In ohio. It is past the three day cancellation window. When asked about cancelling, they said they would sue us for the full amount if we cancelled. Is there anything we can do at this time?

Joseph Jaap
Joseph Jaap
answered on Jul 6, 2017

Possibly not, if the cancellation period has expired. But use the Find a Lawyer tab or Google to find an Ohio consumer protection attorney who is familiar with the rules. Search "home solicitation sales contracts."

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: If a contract is not signed and returned to seller, is it a valid contract (property)?

My husband and I are buying a piece of vacant land in Ohio via contract (owner financing). The property is not in our name (it will be deeded to us when we have paid 80% of the balance). Anyway we are selling it via land contract/owner financing. The guy that was going to buy it has a notarized... View More

Joseph Jaap
Joseph Jaap
answered on Jul 3, 2017

You obviously need an attorney to review the documents and guide you. Use the Find a Lawyer tab to consult a local real estate attorney who can advise you what to do. An eviction might be enough, or a foreclosure could be required. Either way, you need an attorney to assist you.

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