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Ohio Contracts Questions & Answers
1 Answer | Asked in Business Formation and Contracts for Ohio on
Q: Purchasing commercial equipment and on the purchase agreement nowhere to find the interest rates is this legal.
Joseph Jaap
Joseph Jaap
answered on May 21, 2020

If a purchase price and payment plan have been agreed, there is no legal requirement to specify any interest rate. And even if there were, and it was omitted, the omission wouldn't make the contract "illegal." It might be more of an income tax issue to determine what portion of the... View More

1 Answer | Asked in Contracts for Ohio on
Q: Hi am 18 and I wanted to know if I wanted to move in with my boyfriend since am having family problems Can I?

I been having family problems living with my father and step mom. My father is a past alcoholic ! And we don’t get a long . Since am 18 and will be 19 on June 10th can I move in with my bf without my parents okay since am 18. And won’t get in trouble by law since am an adult?

Joseph Jaap
Joseph Jaap
answered on May 18, 2020

A person is no longer a minor when reaching 18, and is considered an adult, and can make their own decisions and live where they want. But, they can still be on family health insurance, car insurance, etc. So if they move out, they might have to arrange for their own insurance, etc. if the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: On March 28th our landlord locked us out of our restaurant because of non payment of March rent. We were already closed

because of Covid. Now we are trying to pay the rent (March -current) but he would not accept it today. He said that he wanted us to now pay a deposit for our utilities and he wants to go through the building and make a detailed inventory list before we can get back in and open. We are in Oak Harbor... View More

Joseph Jaap
Joseph Jaap
answered on May 15, 2020

It depends on the terms of the written lease. Commercial leases typically allow landlords to seize the premises if tenant defaults, lock tenant out, and sell tenant's equipment and property to pay rent and any damages. Landlord does not have to accept late rent, and can terminate the lease... View More

1 Answer | Asked in Contracts for Ohio on
Q: I pay about 100 dollars per month for my car and I pay insurance as well but my parents won’t let me take It to move out

I am moving out the car is not in my name but I do have proof of me making monthly payments too them and the deal was I’d continue to pay till the car is paid off I’ve given them well over 1000 dollars towards that car and I could have paid for a crappy car myself can I take my parents to court... View More

Joseph Jaap
Joseph Jaap
answered on May 12, 2020

If the car title and insurance is not in your name, then you would have to prove to the court that there was a verbal agreement to transfer the car to you. But if you are under 18, you are still a minor, and your parents make those decisions about the car.

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Ohio on
Q: how do i get my name off a joint loan with ex husband

my name is on a joint loan with ex husband. how do i get my name off. he's ruining my credit by not paying. divorce decree stated he is solely responsible for repayment.

Joseph Jaap
Joseph Jaap
answered on Apr 29, 2020

You can talk to the lender, but lender likely will not agree to take you off. So the loan would have to be refinanced. If ex won't refinance or pay, then file with the court to have ex held in contempt. Talk to your divorce attorney, or use the Find a Lawyer tab to retain a local divorce... View More

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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I signed a contract to purchase a home there was a disclosure issue and now I want out.

When we viewed the home there was mention on a disclosure form of a minor structural issue that had been repaired and had an accompanying engineers letter and warranty with it. Before signing the contract however I was not able to see that document. During the inspection I walked with the inspector... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2020

Do not listen to your agent. You purchased the house subject to a successful inspection. It failed the inspection. You can now rescind your offer.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Can a property owner revive a default judgment that a management company won and they were not listed as a plaintiff?

The issues are as follows:

1) property management company won a default judgment against in Jan 09,me while I was incarcerated (from July 2008-Oct 2014)

2)in 2015 the lawyers for the plaintiff revived the judgment

3) the plaintiff on the judgment claims they did not request... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 18, 2020

More importantly, if you were incarcerated at the time the lawsuit was filed, Plaintiff probably did not properly obtain service upon you and the judgment would be void.

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: I agreed to buy an item listed on Facebook Marketplace. I am in Ohio, as is the seller. Is this legally binding?

I have agreed to buy an item listed on Facebook Marketplace. I am in Ohio, as is the seller. We used facebook messenger to come to an agreement. The seller has since raised the price, and also listed it on ebay. Do I have a legally binding agreement?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2020

Yes. However, a court is unlikely to enforce the agreement unless you have been harmed in some way or the item was a specialty item or otherwise difficult to procure.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: I resigned my lease in December last year, I now have barely any hours due to the virus. What are my options?

I just want to move out but my lease says I will owe remainder of the lease? Do I have a leg to stand on here?

Joseph Jaap
Joseph Jaap
answered on Apr 12, 2020

You'll have to try to work it out with landlord. If you leave, landlord can sue you for rent and make an adverse entry on your credit report. Court activity is suspended in Ohio, so if you stop paying rent, landlord can also file an eviction, but it won't be resolved until after court... View More

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: I was sold and signed a contract for a year newer trailer than It really is. What do I do?

Signed the Contract for a 2021, received a 2020

Mark Martin Turner
Mark Martin Turner
answered on Apr 12, 2020

If you were sold a trailer that the seller claimed was a 2021 model but was, in fact, a 2020 model, the seller has violated the Consumer Sales Practices Act, (CSPA) ORC 1345.02 (B) (2) among other sections of that act. You have a legal claim against the seller, especially if this representation is... View More

2 Answers | Asked in Contracts, Civil Litigation and Collections for Ohio on
Q: Ohio sued for debt that isn’t mine. Stated that I was victim of mistaken identity or ID theft. P hasn’t responded to

Discovery requests but they sent paperwork to start an ID Theft investigation. I don’t even know that the debt exists & not comfortable giving them any information or attesting to a theft with no knowledge a theft occurred. I have already stated under oath that the debt is not mine since I... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2020

There is really no downside to filing a theft report and it can only help your case. There is a debt on your name. You say that it's not yours. If it's not yours there are only two options: 1) The Creditor made a mistake or 2) your identity was stolen. In either case, it's in your... View More

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1 Answer | Asked in Employment Law and Contracts for Ohio on
Q: Would a lay-off due to the corona virus void my apprenticeship contract with my current employer.

I am in an apprenticeship program with a company that pays for my schooling. I signed the contract as a way to secure a job for 6 years. Now three years later management has become very toxic and it is just not a company that i want to work for anymore. The problem is if i were to leave the company... View More

Joseph Jaap
Joseph Jaap
answered on Mar 26, 2020

It all depends on the exact terms in the contract and all the other circumstances of the layoff and the current virus orders. The legal impact of layoffs because of the virus are unknown, and the courts will have to sort that out over the coming months and possibly years. Your company should... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Q: Is it possible to ask for your lease to be terminated in the event that you've made numerous noise complaints?

I'm having issues with my upstairs neighbor that's getting out of control due to my several complaints against him for playing loud music and dragging his chairs across his kitchen floor in retaliation to my complaints. I have informed my property manage, security and has also called the... View More

Joseph Jaap
Joseph Jaap
answered on Mar 23, 2020

You can ask, but landlord does not have to agree to an early termination, or landlord can agree -- if you pay an early termination fee. An automatic renewal can be valid. It depends on what it says. If you have given landlord written notice of the problem, then you could start paying your rent on... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Neighbors are smoking weed and the smells are giving us migraines, have a toddler and pregnant fiancé.

We live in an apartment and notified landlord about problems. Said they will address but it is still occurring. We want to leave with a 60 day notice without paying 2x termination fee.

Joseph Jaap
Joseph Jaap
answered on Mar 11, 2020

You can start paying your rent on time each month into escrow with your local court, which will have landlord come in to explain what is being done about the problem. If not enough, the court can terminate the lease and refund your escrow money. Check the local court web site for the rent escrow... View More

1 Answer | Asked in Contracts for Ohio on
Q: Someone bought my car over 4 months ago but the title is in my name an they are driving it! Can i legally get my car bac
Joseph Jaap
Joseph Jaap
answered on Mar 4, 2020

If you agreed to sell your car, and you did sell it to them, and they paid you, then you have a contractual obligation to sign over the title. If you don't, they can sue you. If they didn't pay, then you can sue them. But there is a liability and insurance issue if they are driving it... View More

1 Answer | Asked in Contracts and Copyright for Ohio on
Q: If I use a drawing of a girl that resembles Freddy Krueger and put it on a makeup eyeshadow cover will I be in trouble?
Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2020

The Craven estate owns the rights to Freddy Krueger and are actively enforcing them. Just last year, a company that makes action figures based on the Nintendo versions of Freddy and Jason has to stop production because of the ongoing legal battle over the rights to the characters. I wouldn’t... View More

1 Answer | Asked in Contracts for Ohio on
Q: can an orthodontist refuse to allow me to schedule an appointment until speaking with my father if I am 21 years old?

the braces are paid in full and i no longer live with my parents.

Joseph Jaap
Joseph Jaap
answered on Feb 26, 2020

There is no law prohibiting that, but as an adult, you should be able to schedule your own appointment. You could tell the orthodontist that you will make a complaint to the state licensing board. Or you could switch to a different orthodontist. But another might be reluctant to take over your... View More

1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: What legal action can I take if my roomate is getting me evicted?

My roommate hasn't been paying his rent on time since October, but I never knew until December because neither he or the landlord told me. I was sent a possible eviction notice in December by the landlord and that's when I found out. I paid my half on time every month, but every month... View More

Joseph Jaap
Joseph Jaap
answered on Feb 25, 2020

If both you and your roommate signed the lease, then you are both fully liable to pay the entire amount of rent owed - joint liability. In an eviction, the landlord can sue both of you, get a judgment, and then collect from one or both of you, whichever landlord chooses. Try to work it out with... View More

2 Answers | Asked in Consumer Law and Contracts for Ohio on
Q: Alright so I have recently bought a car cash from a car lot with issues that are supposed to be fixed and now they won'.

Alright so I have recently bought a car cash from a car lot with issues that are supposed to be fixed and now they won't. I asked for ALL disclosed problems and he said muffler and coil pack which he fixed, then he called me a day later saying the steering column is messed up and he said I can... View More

Joseph Jaap
Joseph Jaap
answered on Feb 24, 2020

If you can't work it out, you will have to sue in small claims court up to $6000, or in municipal court up to $15,000. Over that amount, sue in common pleas court. You would have to prove there was a warranty covering the problem or that the dealer failed to disclose known problems. Use the... View More

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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I am a seller contract Lease to Purchase. Doesn't the buyers monthly payments go to the mortgage payment?

Buyer thinks that her monthly payments only go towards the principle balance. She stated that she should have credit towards all the payments she's made. All the payments she made go to the mortgage.The lawyers have seen the paperwork and the mortgage payments and that's whats on the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 14, 2020

Buyer has assumed that there is a default provision that the payments go towards the principle balance of the mortgage. Seller has indicated that the monthly payments go towards the mortgage payments. The language of the contract will determine the issue. The monthly payment being equal to the... View More

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