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Ohio Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How long can a contractor take to bill me?

Had roof done on 5/5/22. City inspector found out they didn't have permit. They apparently have an issue with getting the permit and still do not have it. This has been over a year now. I have the money waiting to pay them and am of course willing to pay them if they ever get their legal... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2023

They can bill you whenever. If there was a written contract then they have six years from the last date of work performed to bring a claim against you for non-payment.

If they were required to get a permit, and didn't, then you have a strong claim under Ohio's Consumer Sales...
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2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Todd B. Kotler
Todd B. Kotler
answered on Jun 2, 2023

Debts incurred during the marriage are presumptively marital debts. Parties may agree to treat them differently or in the case of a divorce a party that did not incur the debt may make an argument as to why it should be treated as a separate debt. Factors may include the circumstances around the... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: If I have a lease that renews yearly per the lease which will renew on the 1st of May can I ask to move to monthly lease

It is my intention to move within the next 6 months but my lease renews for a year on the 1st of May. Can I advise landlord in writing that I do not wish to renew a year lease and would prefer to move to a month-to-month basis while I am looking for a new residence. It is possible that I may move... View More

Joseph Jaap
Joseph Jaap
answered on Mar 31, 2023

You can ask, but the landlord does not have to agree to month to month. If it renews automatically for another year, then you might not be able to break it if you have to move. You might ask landlord to include an early termination in which you would pay some extra amount to terminate, but... View More

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Andrew Popp
Andrew Popp
answered on Mar 7, 2023

I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... View More

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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Is the HOA able to increase fees by 10% without membership vote? The fees would have been increased 20% in 2 years.

Fees have not seen an increase since 2017 and in the last 2 years, we will have had a 20% increase based on "budgetary needs". Is it required to have a membership vote to proceed?

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

The HOA Declaration of Covenants and Restrictions specifies the process for the HOA to change the amount of the assessment and if a vote is required. Review the HOA Declaration for the requirements and talk to the HOA management company or the HOA board members.

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: How would a blackmail contract work? Would it be legitimate and legally bounding?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2023

No. That would be an illegal and unenforceable contract.

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
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Business Law, Contracts and Insurance Defense for Ohio on
Q: House was damaged while under contract and lost value in sale, can home insurance company be held liable?

While under contract for sale, pipes froze and burst causing extensive damage (we had already relocated so it was not caught immediately.) The buyer went through with the sale but at a $25k reduction in price. Can I ask my home insurance company to compensate me for this loss in value?

Joseph Jaap
Joseph Jaap
answered on Dec 30, 2022

Whoever owned the home at the time of the damage turns in a claim to their insurance company.

1 Answer | Asked in Consumer Law, Contracts and Banking for Ohio on
Q: Are down payments illegal? If so can I get my money back?
Matthew Williams
Matthew Williams
answered on Dec 23, 2022

Down payments are not illegal. They are legal and ubiquitous.

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 Banking, Contracts and Bankruptcy for Ohio on
Q: How can I back out or cancel a Hvac company/Wells Fargo contract after months or years have passed?
Timothy Denison
Timothy Denison
answered on Oct 17, 2022

Most likely you cannot unless there has been a breach or it has a termination clause.

1 Answer | Asked in Contracts for Ohio on
Q: fuel oil delivered to my son's house without being requested. I called for pricing only.

I do not live there or have any connection to the property. The bill is for 1.2k. I called them back that day & told them I did NOT request delivery & that they needed to come back & remove the product. The bill is for $1.2k made out to my son & his wife. They should not be... View More

Joseph Jaap
Joseph Jaap
answered on Oct 17, 2022

The company could claim that you authorized it. But they would have to prove that in court. For that amount, it is unlikely they would go to court. But they could place a lien against the property, and turn it over to a collection company. Call them and try to work it out. If your son will... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: The property was sold under land contract. I have lived here 11 years verbal agreement that I stay but now buyer renig .

Contract written in the state of Ohio, land is in Kentucky now the buyer wants me to vacate the premises but the seller said I could stay with the buyer sitting right there with them verbal agreement. Who has legal authority to affect me the buyer or the seller ? thank you

Moshe Toron
Moshe Toron
answered on Sep 23, 2022

It seems you cannot enforce the verbal agreement.

Here are 3 reasons:

1) There was no consideration for the verbal agreement. In other words, you were promised the right to stay, but you did not say if you gave anything in return, which is also known as "consideration" or...
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2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: In Ohio can you ask a contractor for receipts from subcontractors?

The contractor told me it is illegal to share receipts with me in Ohio. Is this true?

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Yes, you can ask for receipts. No, it is not illegal to share them. But it depends on what your contract with the contractor says. The contractor might still refuse to share them. If there is a dispute over payment to the contractor, then use the Find a Lawyer tab to retain a local construction... View More

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1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Is it against the law to force someone to sign the deed to their home over to them?

I applied for mortgage assistance in which I could skip some payments and have them rolled to the end of my mortgage. I was approved and skipped about 11 payments. The lender needed my wife and I to sign papers to make it official. My inlaws told my wife to not sign those papers. Despite my... View More

Joseph Jaap
Joseph Jaap
answered on Sep 13, 2022

The in-laws aren't forcing you to sign, they are offering a choice - you can either sign (and then rent from them or move elsewhere), or allow the foreclosure to proceed and you would be evicted by the new owner or you could try to rent from the new owner. Or the in-laws could purchase it at... View More

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