Ask a Question

Get free answers to your Contracts legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: After 20+ years of employment my company is issuing a company handbook, should i have it reviewed by a lawyer?
Joseph Jaap
Joseph Jaap
answered on Jun 21, 2017

You can, but to what purpose? It won't be negotiable. Unless you are covered by a union, the company can impose whatever employment terms it wants. In Ohio, employees are at-will employees, and can be terminated at any time, as long as it is not discriminatory or does not violate an... View More

1 Answer | Asked in Business Law and Contracts for Ohio on
Q: Can I get out of a partnership (sell my share) given this clause in the operating agreement?

Operating Agreement says "no Member may sell, assign, hypothecate, or in any manner transfer her interest...without the consent of 75% of the members..."

-I am a man, the agreement says her. I know this is very nitpicky, but is it possible to use this error in language to deem... View More

Joseph Jaap
Joseph Jaap
answered on Jun 21, 2017

It is very unlikely that the use of "her" would be a successful argument. Many agreements have boilerplate that says the use of any pronoun is deemed to include all genders. Even if your agreement does not have that provision, a court is not likely to agree that "her" excludes... View More

1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: If a project loan expires due to the contractor taking too long to finish the job is the contract voided

We signed a contract for a wet area remodel. That was only support to take 2 days, but ended up taking 2 months because it kept failing plumbing codes

Joseph Jaap
Joseph Jaap
answered on Jun 5, 2017

If the contractor did not complete the job in the time as specified in the contract, then the contractor has breached the contract. That gives you grounds to notify him that the contract is terminated. You are obligated to pay him what he is owed, minus any extra amounts you incur to finish the... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: My parents had me sign a promissory note which included not taking out a loan/mortgage, is this legal?

This promissory note was for the purpose of an amount of money I owe them, I incurred debt and they have taken over the debt with an agreement for me to pay them back. I signed it before reading it fully, as they chose to discuss and have me sign at the time I was supposed to be leaving for the... View More

Joseph Jaap
Joseph Jaap
answered on Jun 1, 2017

The not is not required to be notarized, and it is legal to require a debtor not to incur additional debt. Have an attorney review the note to advise you what you agreed to. If you breach the terms by getting a loan, then depending on what the note says, they could immediately demand full... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: If a buyer finds rotted windows and other problems with a condo and decides to walk away before closing can he?

My cousin made an offer on a condo. The realtor who is also the seller advised him against getting an inspection. He found many problems with the condo when he walked through. He has not closed on the property, he called the realtor and the mortgage company to tell them he was backing out. The... View More

Joseph Jaap
Joseph Jaap
answered on May 31, 2017

He is bound by the terms of the purchase contract and whatever inspection contingencies it provided. If the time period for buyer to terminate because of a failed inspection has expired, then he could be liable to seller if he refuses to close. He should use the Find a Lawyer tab to talk to a... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I am in contract as buyer using a VA loan, and have done the appraisal and inspection. The seller then sent termination

The issue with the deal is the appraiser wants a structural engineer look at a leak and the pour has, but seller refuses to pay. Is it legal for the seller send me the buyer a termination notice, and is there any actions I should take upon receiving this.

Joseph Jaap
Joseph Jaap
answered on May 26, 2017

It depends on the exact wording of the inspection contingency in your purchase contract. Typically, the seller is not required to pay for inspections or make any repairs, and it is the buyer who then has the option to terminate or proceed. So it could be a breach by seller - to go with a higher... View More

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Ohio on
Q: Subject Matter Jurisdiction (personal)

Can an ohio plaintiff file in an ohio municipal court to demand a florida-domiciled person to come to ohio to address the plaintiff suit for $4k+ claiming damage to property? If she was duped into coming all the way to ohio under the threat of a default judgment against her, and went to trial,... View More

Glenn B. Manishin
Glenn B. Manishin
answered on May 25, 2017

No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Can I get my money back after signing lease then finding major problems the same day?

I moved into a house yesterday, paid 1600.00 and signed a lease on Friday. Friday night I noticed a lot of roaches, I let the landlord know. Last night I put the kids in the bath and my kitchen flooded, I let the landlord know. Now I went to do laundry no hot water works in the washer, and when I... View More

Joseph Jaap
Joseph Jaap
answered on May 15, 2017

You might have difficulty. First, try to negotiate an early termination of the lease. The landlord might want to keep all or part of what you paid, or might refuse to terminate or refund anything. If so, then send the landlord written notice of all the problems, and then pay the June rent on... View More

1 Answer | Asked in Contracts and Probate for Ohio on
Q: Can the estate sue?

My father lent money by using pnc bank credit card .Was a large sum around 25,.000 . My father passed away in November. The borrower has been just paying interest for a long time and still is. This loan no doubt is going to be attached to the house. Borrower has no intention to pay off. Is there... View More

Joseph Jaap
Joseph Jaap
answered on May 8, 2017

The executor of the estate can sue the borrower based on the terms of the loan. If there is no written loan document, then it could be difficult for the estate to prove the terms of the loan. Use the Find a Lawyer tab to consult a local probate attorney to open the estate and then advise and... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Our MSL for selling our house said it was completely rewired and had new electrical boxes.

My husband had told the realtor we had all our outlets and plugs in house rewired and brought up to code. He didn't even mention the knob and tubing we still had for light fixtures as building inspector (40 years ago) said it was safe to leave it because they don't draw a lot of... View More

Joseph Jaap
Joseph Jaap
answered on May 4, 2017

Well, you either will negotiate a settlement with the buyer, or else a court will determine if you "legally have to do this" if the buyer sues you. The buyer could claim that it was fraudulent for not disclosing the old wiring - because if it had been disclosed, the buyer obviously would... View More

1 Answer | Asked in Civil Rights, Contracts and Landlord - Tenant for Ohio on
Q: No lease, no monthly payments, what can we do to get him out of the house?

My mother went into the hospital last year. While she was there she asked her ex-husband, my father, if he could come by and care for her pets while she was away. He agreed but asked if he could stay there to save on gas. My mom agreed and now he's still there. At first my mom said it was okay... View More

Joseph Jaap
Joseph Jaap
answered on Apr 25, 2017

It's treated like a month to month lease, even though there never was a written lease. It can be terminated at the end of any month by 30 days notice. So give written 30 days notice now, to vacate by May 31. If not out on May 31, then on June 1, give him a 3 day notice to leave. Then file... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Is bank wire transfer to a title company normal practice in a real estate closing?  this is for a land sale.

Also how can i verify if ANY real estate agent and closing agent company is legit? It says they are secure insight verified but how do i verify that.

Joseph Jaap
Joseph Jaap
answered on Apr 4, 2017

Bank wire transfers are common for real estate closings, both commercial and residential, and in some cases are required over certain amounts. Title agencies that are affiliated with law firms and write title insurance policies for major title insurance companies have to meet certain standards.... View More

1 Answer | Asked in Contracts and Small Claims for Ohio on
Q: Can I be taken to small claims for canceling arrangements made on a Facebook sale group?

I needed trash off my property hauled away. I made arrangements with this guy for the next day to haul it away on a Facebook sale group for 200 dollars. Well someone else offered a better deal 150 instead and for the same day. I took them up on that and canceled on the first guy with more than 12... View More

Joseph Jaap
Joseph Jaap
answered on Apr 3, 2017

He could sue you in small claims court. He could show the text messages to the court as proof of a contract. Maybe the court would rule in his favor, maybe not. If he got a judgment, then he could file a judgment lien against your home. Even if he doesn't sue you, will he get more... View More

1 Answer | Asked in Construction Law, Real Estate Law and Contracts for Ohio on
Q: can the contractor put lien on your house if they were not able to finish their work they promised
Joseph Jaap
Joseph Jaap
answered on Mar 29, 2017

Yes, a contractor can place a lien on your house, and they can foreclose on that lien. If you dispute their lien claim, you can send them a notice to commence suit on their lien, and if they don't, then the lien will become void. If they do commence suit, then you can provide evidence of... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I don't want to use an agent when buying a house. Does the seller's agent get the buyer's agent's % of commission then?
Joseph Jaap
Joseph Jaap
answered on Mar 27, 2017

Yes. The agent has a listing contracting with the seller, in which seller agrees to pay listing agent a certain % fee. If there is another agent involved on behalf of buyer, then the two agents will share it, called a "co-op" fee. Otherwise, if the buyer does not have an agent, then... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: If seller cancles the contract on a house can the buyers get their money back from insepctions
Joseph Jaap
Joseph Jaap
answered on Mar 23, 2017

If seller breaches the real estate contract, then buyer can sue seller for all costs and expenses incurred, plus other monetary damages that buyer suffered. But the cost to go to court to sue for all that, plus the time it takes, probably makes that impractical and not cost-effective. So it is... View More

1 Answer | Asked in Contracts for Ohio on
Q: If I have an agreement in writing signed by both parties and one party breaks the agreement..Which court would I go thru
Joseph Jaap
Joseph Jaap
answered on Mar 20, 2017

If $6K or less, small claims court. If more than $6K, but $15K or less, municipal court. If more than that, common pleas court.

1 Answer | Asked in Civil Litigation, Contracts, Libel & Slander and Small Claims for Ohio on
Q: Arrangement leading to agreement of leaving my pers. prop. (set period) to obtain later. He refuse to contact, or return

Ohio; Athens Co.

I left my personals and my dog (Chance, of 11 yrs) for an mutual set period of time (7mo) as part of our agreed, arrangement. I also on my part, agreed on my making a monetary exchange for safe keeping, most important was (paper work, legal doc's, colleagues ppr... View More

Matthew Williams
Matthew Williams
answered on Feb 28, 2017

Have you called the police? Have you considered hiring a lawyer to write a demand letter and potentially file a complaint?

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: Can a car dealership come back and ask you for a co-signer once they have approved you for a loan, you have signed.

A car loan was approved by the dealership, all documents signed and the vehicle given to me. Now they called and want a co-signer. Is this legal? Do i have to give a co-signer after approval has been given?

Mark Martin Turner
Mark Martin Turner
answered on Feb 17, 2017

Maybe. If the dealer required you to sign a spot loan agreement they may be able to do that. Such an agreement in essence states that you can have the car but your loan is under consideration and not yet approved. If you did not have such an agreement, or if you have documentation that the loan... View More

1 Answer | Asked in Contracts for Ohio on
Q: Can a private music teacher force one to continue paying for lessons if one decides to discontinue the lessons?

My son was encouraged to take these lessons. They take place during the day at school and are given by a grad student not employed by the district. We signed a paper stating we would contine the lessons until May, but we are not pleased with the lessons and wish to find our own instructor. The... View More

Mark Martin Turner
Mark Martin Turner
answered on Feb 17, 2017

As with all contract questions, the answer to this depends on what is written on the contract. If the contract states that you must pay for 10 lessons and the student quits after 5, you will most likely be responsible to pay for the remaining 5 unless the contract itself has a clause that permits... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.