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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I have a land contract where since signing the agreement they have not a payment and refuse to communicate.

I know I am jumping the gun here but with no communication whatsoever or responding to certified mail request, I wanted to know ahead of time what I will need to do. I am concerned due this being the first payment, no response from them in any way, and them ignoring requests from their realtor I... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 24, 2023

Default may be defined by your land installment agreement. Assuming for a moment it is not, it would be any failure by a patch to fulfill a duty under that agreement. If they are late they are in default. You may exercise your statutory rights. Contact an attorney who regularly practices... View More

1 Answer | Asked in Bankruptcy, Contracts, Civil Litigation and Communications Law for Ohio on
Q: How can get my ex off the title of my car?

My ex and I bought a car together. I make all the payments, pay for the insurance and keep up on all maintenance. I am still making payments on the car to this day but I no longer live in the same state as when we purchased. The title is MI and I live in OH. He has since filed for bankruptcy and is... View More

Timothy Denison
Timothy Denison
answered on Jun 16, 2023

File a motion to have him execute the title in your divorce case as he has been relieved of liability for it by virtue of his bankruptcy.

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
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answered on Feb 9, 2023

No. That would be an illegal and unenforceable contract.

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 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

1 Answer | Asked in Contracts for Ohio on
Q: We sold a car to a family friend and now not getting paid.

OHIO, So my boyfriend had a car and my mom's friend needed a car. He put a lot if money into it as she promised she would pay him (in payments) for the car. He wasn't even. Asking for the full total of how much he had spent on it getting it reliable for her to drive. He didn't get... View More

Jennifer Nicole Brown
Jennifer Nicole Brown
answered on Sep 6, 2022

The potential answers to your question depend, in part, upon some facts not included in your summary. In Ohio, the Certificate of Title is evidence of ownership pursuant to Ohio Revised Code 4505.04.

Did your husband transfer title to the vehicle to the new owner, or is the title...
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1 Answer | Asked in Animal / Dog Law, Contracts and Real Estate Law for Ohio on
Q: If I am moving into a condo with a service dog larger than the HOA allows, is it legal for them to demand proof of pet?

We do sign the HOA contract, it does allow for service pets, so if I have a mastiff (way over the allowed size) (I am in Ohio btw) and I register it as a service dog or emotional support dog, can the HOA take legal action or demand that I show legal proof of my pets training and certification

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2022

The HOA can require confirmation of the status of the animal, and the HOA might be able to have the animal removed if the HOA went to court and the court determines that the size restriction is reasonable, even for a service animal.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Collections for Ohio on
Q: My dad passed away a year ago, what happens if i stop paying for his storage unit.

I have been paying for the units for over a year but they are not in my name nor did i sign any rental agreement i just took over payments. I have full access to the account. Will it hurt my credit or go to collections for me if i just stop paying for them

Aaron Epling
Aaron Epling
answered on Jul 29, 2022

If you're not a party to the contract with the storage unit company, then I don't believe you can be held liable under any of its terms.

2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Are promissory notes legal if my signiture is not on it. Nane is printed but where it says signiture its blank?
Joseph Jaap
Joseph Jaap
answered on Jun 30, 2022

An oral contract for the loan of money is enforceable in court. The promissory note could be introduced in court as evidence of the terms of the loan along with oral testimony that the money was loaned and received by the borrower with the borrower's promise to repay it.

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1 Answer | Asked in Contracts for Ohio on
Q: Was offered relocation from my existing job. The letter Effective Date was 8-15-21. The letter outlined new role and

Said relocation policy rules attached. I signed it 8-20-21. The HR Dept received 9-10-21. I asked about why relocation 3rd party had not contacted me on 10-14-21 and they sent me a separate relocation document “Relocation Agreement”. So, I signed it and returned immediately. I’m... View More

Rebecca Hill
Rebecca Hill
answered on Jun 20, 2022

You should have the relocation agreement reviewed by an attorney. Sometimes employment agreements with incorporate other documents or company policies into the agreement by reference. Whether the general relocation policy is superseded by the relocation agreement you signed later is not something... View More

1 Answer | Asked in Contracts for Ohio on
Q: I recently signed a roofing proposal for a company to replace my garage roof in Ohio 2 days ago. Can I cancel contract?

I have not paid any money to the roofing company yet. I know Ohio has some type of Buyers Remorse Law. So, I am really just curious if I can just cancel this roofing contract without any legal ramifications?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Most likely the Home Solicitation Sales Act would apply, and it requires the contract to provide you with notice of your right to cancel. The contract should also provide you with a form Cancellation. Send that form in to cancel.

If no notice given then you can cancel at anytime, but...
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1 Answer | Asked in Contracts for Ohio on
Q: Is my HOA contract still valid and do I need to continue to pay annually?

My HOA declarations list the incorrect county and the "city guidelines" around design elements are based on the WRONG city. The board voted to amend but because of verbiage in the contract, we need a vote from 75% of the lots. That failed, and now no changes can be made. Because of these... View More

Joseph Jaap
Joseph Jaap
answered on May 16, 2022

If the HOA declaration was properly recorded in your county recorder's office, then until somebody sues the HOA in court, and a court rules the HOA declaration invalid, the HOA can enforce it. A court would probably consider the wrong city/county as a mere drafting error that is not... View More

1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: Am I obligated to pay?

In December I contacted a company to build me new porch steps. They said they would reach out to me at the beginning of the year for details. In February we were chatting and we discuss me paying half up front and half upon completion. After sending my address I never heard from them so I made... View More

Joseph Jaap
Joseph Jaap
answered on May 12, 2022

If you don't pay, they could sue you. Depending on the facts, you might have made an oral contract with them. But it would be difficult for them to prove the terms of the oral contract it in court. You could deny there was a contract. If they did not give you the required consumer... View More

1 Answer | Asked in Contracts for Ohio on
Q: Can my ex sue me for throwing out his stuff when it’s been well over 6 months?

We have no verbal or written agreement for when he should get his stuff. Also I have only promised to keep his things while we were together. We broke up July 2021 and it is now May 2022. I also told him on August 12th, 2021 to come get his own things and that I was no longer helping him.

Joseph Jaap
Joseph Jaap
answered on May 2, 2022

To be absolutely safe, an eviction action would allow his thing to be throw out legally. Some people would send a written letter and give a deadline of the date to come pick things up, or they would be thrown away. But that is risky. Anybody can sue anyone for anything. If you just throw his... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: If a apartment complex is under new management can they default on the old contract and start a new one?

My daughter received a letter from the new management of her apartment complex and it explained to her that her old contract was no good anymore. The new contract is requiring her rent to be raised $400 per month, pay new application fee, new security deposit, $300 dollar nonrefundable deposit for... View More

Joseph Jaap
Joseph Jaap
answered on Apr 27, 2022

Sale or management change of property does not change the terms of an existing lease or terminate an existing lease. The new owner/manager takes the property subject to the leases in effect until the specified expiration date in the lease. But when that lease expires, the new owner/manager can... View More

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