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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: if I signed a noncompete 5 years ago&changed roles in company is it still in place if promises were broken w/ new role?
Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

An attorney would have to do a full review of the noncompete, the circumstances, and related facts to determine whether the agreement remains enforceable and to what extent. Even if the employer has broken promises, they could still force you into court trying to enforce the non-compete. So... View More

1 Answer | Asked in Contracts for Ohio on
Q: Are both parties required to provide a mailing address to make a contract valid and enforceable?

We are trying to contract with an illustrator. Our CEO is insistent that we require the illustrators physical mailing address for the contract to be valid, the illustrator is only offering us his email at this time.

Nicholas P. Weiss
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answered on Jan 27, 2023

It can be valid without an address. I agree with your CEO though that you should require a physical mailing address in the contract. If the contract is breached and you need to sue then you will need their address to start the lawsuit.

1 Answer | Asked in Contracts and Business Law for Ohio on
Q: If an Ohio corporation does not have bylaws, does Ohio code detail how stock sales are to be conducted?

Do stock transfers then have to be recorded on the shareholder ledger?

What if some of the original stock certificates have been lost?

Do company officers have to sign off on the transaction?

Joseph Jaap
Joseph Jaap
answered on Dec 19, 2022

Ohio Revised Code Chapter 1701, https://codes.ohio.gov/ohio-revised-code/chapter-1701, provides the legal framework for an Ohio for-profit corporation, and specifies procedures for issuing and transferring stock, which should be recorded in a ledger or other records of the corporation by the... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Ohio on
Q: I live in Ohio my property manager is trying to make me pay utilities that my lease says are covered by the landlord.

Is she allowed to do that when my lease clearly states “this is a utility y by the landlord”. My lease isn’t up until 4/30/23. Shes saying that there is new management and that she gave us a 30 day notice so we have to pay. Is this correct? I thought my lease was a binding agreement that... View More

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

Some property managers act improperly. They sometimes demand that tenants make a payment not required by the lease. If you don't pay it, she could file to evict you. You could then take your lease to court, and if your lease does not require you to pay it, the judge could dismiss the... View More

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Ohio on
Q: My grandmother gave her house to her first born grandchild without a will just word of mouth. My father was suppose to

Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... View More

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... View More

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1 Answer | Asked in Business Law, Employment Law and Contracts for Ohio on
Q: I work for a company in Ohio that is requiring employees to pay for damages to company equipment. Is this legal?

I believe section 4113.19 prohibits deductions from employee wages; but are there any other sections that I can reference to help get a better idea of what’s legal?

Additionally, what constitutes an “express contract”? I’m sure the “contract” was somewhere in the mountain of... View More

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

The code section you've cited permits employers to deduct from wages for damages to company property, provided there is an express contract between the employer and the employee putting the employee on notice that he or she will be held accountable for damaged property and equipment. An... View More

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Ohio on
Q: I sold a mobile home to a guy, He paid me cash for it. We agreed it had to be moved off the property it is sitting on

The buyer got a permit and hired a company to move it.

The company came and took the wrong trailer. They brought it back.

Then they called the buyer and told him that the trailer he bought was unsafe to move.

The trailer I sold to buyer is in better shape than the trailer... View More

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2022

He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... View More

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

1 Answer | Asked in Contracts for Ohio on
Q: I signed a new lease yesterday for $1029. Got it back signed by them. Then got an email to sign again for $1059.

If the lease is signed by me and by the assistant manager of the property then it's a legally binding lease correct? They want me to sign another lease because they messed up on the amount they wanted me to pay.

Nicholas P. Weiss
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answered on Mar 25, 2024

As a matter of law, the lease is binding as signed. As a matter of practicality, that is not a good step to enter into a lease with a group that's going to make "mistakes" like that.

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Ohio on
Q: Contract has a termination policy that has confusing wording

I spoke to an individual who is a pretty highly rated fitness instructor. The contract either $450 per month or pay all up front for $2,700. Anyway, I said on the phone I'd likely do monthly billing. The billing is done through an invoice sent on PayPal thats set on 'AutoPay'. So... View More

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2024

An Ohio attorney could advise best, but your question remains open for four weeks. At this point, the least expensive option could be to direct your question to the instructor. That could be a safer approach than trying to interpret the language that creates concerns for you. Good luck

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: We sold a property. An addendum to the contract was for the buyers to pay us $20K cash. They refuse to pay.

What are our options? They bought the property as is and then remodeled. They say since they spent so much to remodel that they don't have to pay us.

Todd B. Kotler
Todd B. Kotler
answered on Feb 19, 2024

Your options depending on the purchase agreement are to either not get paid or sue for the amount due. I would recommend speaking to your realtor and if he or she cannot help you, invest in the time with an attorney in that county that regularly practices real estate litigation.

1 Answer | Asked in Contracts for Ohio on
Q: Can I consider an agreement made over text message tantamount to a contract?

I loaned a friend a significant amount of money in incremental amounts over 2022. On October 20, 2023, approximately 10 months after the last amount issued, I sent her a message on the Messenger app which stated a lump sum of what she owed me and that I wanted my money back, following her failure... View More

Nicholas P. Weiss
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answered on Feb 2, 2024

Yes. The texts back and forth would constitute an enforceable agreement.

1 Answer | Asked in Contracts, Animal / Dog Law and Appeals / Appellate Law for Ohio on
Q: Would I be able to go after a vet office for making me sign things while I was in a mental crisis?

When I had to put my cat down, I was not in the correct state of mind. I could barely comprehend what was going on at the time as if I was in a dissociative state. I'm not able to pay the bill, and despite me saying that multiple times, it felt as if they kept pressuring me to sign the... View More

Matthew Williams
Matthew Williams
answered on Jan 14, 2024

You need to pay your bills like all of the rest of us.

2 Answers | Asked in Contracts and Estate Planning for Ohio on
Q: What information is required of a person to be named a beneficiary, other than their name?

They live in Texas, are not related to me, and state their attorney requires certain information. I am concerned about a swindle. Are there any instances that require more information than a name? Will they need my SSN? Bank account info? Etc.?

Beverly A Stull
Beverly A Stull
answered on Jan 10, 2024

It is likely that they would ask your name and address, so that they can keep you informed regarding the estate. They should not ask confidential information like SSN, bank accounts, etc. If something they asks makes you uncomfortable, don't do it.

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1 Answer | Asked in Contracts and Collections for Ohio on
Q: Can a defense attorney physically touch a plaintiff?

My wife is trying to collect an unpaid bill by an LLC. By law they have to have an attorney represent them. She was killing them in court today and the attorney rushed her table, picked up her evidence papers and physically shoved her a bit out of frustration. The magistrate did nothing but to tell... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 25, 2023

In addition to, and better than an ethics case, she has a lawsuit for battery.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: How can I get out of a contract to sell my home and a POA that they attached to their contract?

I signed a contract with and llc to buy my house and at end of contract was a POA which is state Authorization to sign docs and offers! We didn’t close on 45 th day they made a new contract with a new buyer and have not given me a copy and told me it doesn’t have to do with me! I told the 45... View More

Nicholas P. Weiss
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answered on Oct 19, 2023

The LLC is likely engaging in wholesaling. This is a legal, but ethically tricky, activity in selling a contract to another. It is unlikely that you can breach the contract without penalty.

1 Answer | Asked in Contracts and Employment Law for Ohio on
Q: I'm listed 10% owner of LLC that files as an S-Corp. Form 2553 lists the breakdown of ownership. The 51% partner sold

the company privately for an undisclosed price and now wants to "make me whole" by making 20 payments of $500 or $10,000 total to compensate for my 10%. That would mean the company is being valued at $100,000--equal to the salary of a current employee.

I can't accept this... View More

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2023

Your rights as a minority 10% owner are determined by the LLC's Operating Agreement and any buy-sell or other agreements. Use the Find a Lawyer tab to retain a local business law attorney to review those agreements and advise you of your options.

1 Answer | Asked in Consumer Law, Contracts, Family Law and Adoption for Ohio on
Q: We were told getting licensed to foster/adopt was free, but now we're being charged. Please see the details.

We took training to foster to adopt. We took all of the training, did everything that was asked of us, and read everything before signing anything. They told us that we are licensed through the state of Ohio to foster to adopt. We have located several children that are up for adoption in other... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2023

Write the caseworker from Children Services and ask if you might qualify for a waiver based on income. It sounds like your issue is with a private provider rather than a state agency based on the facts of your question.

1 Answer | Asked in Contracts for Ohio on
Q: I have a question about getting paid for services under a old contract that i was never paid for. Contract is in Ohio
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2023

An Ohio attorney could advise best, but your post remains open for two weeks. Something may have gotten left off here - you could try reposting and adding a question. Do not include personal information, since this is a public forum. Good luck

1 Answer | Asked in Contracts for Ohio on
Q: My contractor has not been to my house to finish basement in almost a year. Now they won’t answer my text messages

We signed contract in Feb 2022. He told us it would be finished my summer time. We do not have an end date on contract. We have paid them almost $35,000 and only half is done. Been texting them for 2 months and no response. Can I now tell them that is abandonment of job and request money back or... View More

Joseph Jaap
Joseph Jaap
answered on Jul 5, 2023

It might be difficult to find another contractor able and willing to get involved in the middle of the job and complete it. Another contractor might be no better. Use the Find a Lawyer tab to retain a local construction litigation attorney who can review the situation and advise you of your... View More

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